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2025 DAILYLAW 8461 (ORI)

JAGANNATH KAR v. STATE

WP(C)/20534/2014 · 2025-07-08

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 20534 of 2014 Jagannath Kar ..... Petitioner Mr. S.B. Jena, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. C.K. Pradhan, AGA Mr. P. Pani, Adv. on behalf of Mr. P.K. Mohanty, Sr. Adv on behalf of Opp. Party Nos.2 to 4 CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08.07.2025 Order No. 11 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia challenging the order of disengagement passed by Opp. Party Nos.2 vide his order dt.20.09.2014 under Annexure-3. 4. It is the main contention of the learned counsel appearing on behalf of the Petitioner that basing on an inquiry report so enclosed vide Annexure-G/3 to the counter affidavit and without following the principle of natural justice, Petitioner was straightaway dis- engaged vide the impugned order under Annexure-3. It is contended that since Petitioner was never given an opportunity to prove her innocence, basing on the ex parte inquiry report so available under Annexure-G/3 to the counter affidavit, Petitioner could not have Page 2 of 2. been disengaged. It is accordingly contended that appropriate order be passed to re-engage the Petitioner. 5. Learned Addl. Govt Advocate and Mr. P. Pani, learned counsel appearing on behalf of Mr. P.K. Mohanty, learned Sr. Counsel appearing on behalf of Opp. Parties contended that taking into account the nature of complaints made against the Petitioner vide Annexure-C/3 series and the warnings issued by the Headmaster of the School under Annexure-E/3 and the joint inquiry repot available under Annexure-G/3, further continuance of the Petitioner was held not needed in the better interest of the institution and accordingly Opp. Party No.3 disengaged the Petitioner vide his order dt.20.09.2014. 6. Having heard learned counsel for the parties and considering the submission made, this Court considering the stand of the Petitioner that basing on the ex parte inquiry report, Petitioner has been dis- engaged, this Court grants liberty to the Petitioner to make a fresh application before Opp. party No.3 for her re-engagement. 7. It is observed that if such an application is filed within a period of three (3) weeks hence, Opp. Party No.3 shall do well to take a lawful decision on the same within a period of three (3) months thereafter. The order so passed by the Opp. Party No.3 be communicated to the petitioner. 8. With the aforesaid observation and direction, the Writ Petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Ranjeeta