Lawstreet Journal

Government Employees Cannot Be Removed Without Following The Proper Statutory Procedures: Orissa High Court

Lawstreet Journal 21 Mar 2022 10:32pm

Image courtesy: Lawstreet Journal Judiciary Government Employees Cannot Be Removed Without Following The Proper Statutory Procedures: Orissa High Court

The Orissa High Court ruled that a person cannot be removed from his job unless he or she has met all of the statutory requirements.

A Single Judge Bench of Justice Sashikanta Mishra held,

“Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he cannot simply be removed without taking recourse to the prescribed statutory process. As has already stated hereinbefore, a disciplinary proceeding was sought to be initiated against the petitioner but the same was never continued nor reached its logical end”.

 

FACTS

The brief facts of the case are that the petitioner was appointed as a Classical Teacher on 18.11.1976 in Government High School, Dasamantapur, Koraput and after he joined as such on the said date he was transferred to different Government High Schools. While he was working in the Government High School Patraput in the district of Koraput, he took leave from 16.03.2002 for a period of 10 days by submitting necessary application before the Headmaster of that School and subsequently extended such leave by one month. In the meantime the petitioner was transferred from Patraput to Government High School, Hatabarandi in the district of Nabarangpur, which is at a distance of about 200 kms away from his place of posting. Then He applied for advance pay and GPF and submitted leave application to enable him to join in his new post. 

But he was… Continue Reading...


Tagged: Orissa High Court  
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