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Orissa High Court
Sunayana Dhir vs State Of Odisha And on 17 March, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24658 of 2022
Sunayana Dhir .... Petitioner
Mr. K.A. Guru, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. P.K. Panda, ASC
Mr. A. Mohanta, Advocate for O.P. No.5
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 17.03.2026
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed inter alia
challenging order dated 26.08.2022, so passed by the
Opp. Party No.3 under Annexure-10. Vide the said
order, petitioner was dis-engaged from his services
because of unauthorized leave for around 2 (two)
months.
4. Learned counsel for the petitioner contended that
petitioner on his transfer to Keonjhargarh Municipality
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joined on 31.05.2022. However, while so continuing,
petitioner remained on medical leave w.e.f. 14.07.2022.
Even though vide letter dated 01.08.2022 under
Annexure-8 so issued by Opp. Party No.5, petitioner
was directed to join on 03.08.2022 failing which,
disciplinary action will be taken, but Opp. Party No.4
issued a show-cause on 02.08.2022, indicating therein
as to why disciplinary action will not be initiated
against the petitioner for such negligence in duty.
4.1. Even though no reply was filed by the petitioner to
the show-cause, but without initiating any proceeding,
petitioner was dis-engaged from her service vide the
impugned order dated 26.08.2022 under Annexure-10.
It is contended that since petitioner because of her
suffering, remained on medical leave w.e.f. 14.07.2022,
petitioner could not have been dis-engaged on the
ground indicated in the impugned order dated
26.08.2022 under Annexure-10 and the said order
requires interference of this Court.
5. Learned counsel appearing for the Municipality on
the other hand contended that since petitioner after her
joining in the Municipality on 31.05.2022, remained on
unauthorized leave w.e.f. 14.07.2022, vide letter dated
01.08.2022, petitioner was directed to join on
03.08.2022 failing which, disciplinary action will be
taken against her.
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5.1. However, vide letter dated 02.08.2022, petitioner
was issued with the show-cause by Opp. Party No.4 as
to why disciplinary action will not be initiated for her
remaining as unauthorized absence w.e.f. 14.07.2022.
It is contended that petitioner never choose to file any
reply to the show-cause and in absence of the same,
Opp. Party No.3 passed the order of dis-engagement
vide order dated 26.08.2022 under Annexure-10.
5.2. It is contended that since petitioner never filed her
reply to the show-cause dtd.02.08.2022, no illegality or
irregularity can be found with the impugned order.
6. Similar stand was also taken by the learned Addl.
Standing Counsel and submission was made that since
petitioner remained on unauthorized leave w.e.f.
21.07.2022, and she never joined on the face of the
letter issued by the Municipality on 01.08.2022 and
she never also filed the reply to the show-cause
dtd.02.08.2022, she has been rightly dis-engaged, vide
order dated 26.08.2022 under Annexure-10.
7. Having heard learned counsel for the parties and
considering the submissions made, this Court finds
that pursuant to the advertisement issued under
Annexure-1 on 05.07.2011, petitioner after being duly
selected was appointed and posted as a Community
Organizer with his place of posting in Anandpur
Municipality. Petitioner was also issued with the order
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of appointment by the Executive Officer, Anandpur
Municipality vide order dated 10.07.2011 under
Annexure-3.
7.1. While so continuing, petitioner was transferred to
Keonjhargarh Municipality where she joined on
31.05.2022 as found from Annexure-4. But on the
ground that petitioner remained on unauthorized leave
w.e.f. 14.07.2022, petitioner vide letter dated
01.08.2022 under Annexure-8 so issued by Opp. Party
No.5, was directed to join in her office by 03.08.2022.
7.2. However, on the face of such letter issued by Opp.
Party No.5, Opp. Party No.4 issued the show-cause on
02.08.2022 under Annexure-9, asking the petitioner to
file her reply as to why disciplinary action will not be
taken, for her remaining on un-authorized absence
w.e.f. 14.07.2022.
7.3. Basing on such show-cause, Opp. Party No.3
passed the impugned order of dis-engagement on
26.08.2022 under Annexure-10. Considering the fact
that petitioner was duly appointed by facing due
recruitment process vide order dated 05.07.2011 under
Annexure-2, and she has been dis-engaged because of
her remaining unauthorized absence for a period
involving a little more than one month basing on the
show-cause issued by Opp. Party No.4, this Court is of
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the view that such order of dis-engagement is required
to be re-considered by the Opp. Party No.3.
7.4. This Court accordingly while disposing the Writ
Petition, permits the petitioner to file her reply to the
show-cause dated 02.08.2022 under Annexure-9, on or
before 26.03.2026 before Opp. Party No.3. On her filing
the reply, Opp. Party No.3 is directed to take a lawful
decision with regard to withdrawal/recalling of order
dated 26.08.2022, by allowing the petitioner to rejoin in
her post under Opp. Party No.5.
7.5. Opp. Party No.3 however is directed to take into
consideration the fact that petitioner has been dis-
engaged only on the ground that she remained on
unauthorized leave w.e.f. 14.07.2022 and the order of
dis-engagement has been issued just after one month
of her remaining on such leave.
8. The Writ Petition stands disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Basudev
Location: High Court of Orissa, Cuttack
