Rama Chandra Luha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.1502 of 2014 Rama Chandra Luha ....

Petitioner Mr. J. Mohanty, Advocate -versusState of Odisha and others .... Opposite Parties Mrs. S. Pattanayak, AGA CORAM: JUSTICE S.K. PANIGRAHI

ORDER

31.03.2022 Order No.

01.

1. This matter is taken up through hybrid mode.

2. This matter has been transferred to this Court after abolition of State Administrative Tribunal, Cuttack Bench, Cuttack.

3. The petitioner assails the order No.1234, dated 15.04.2014 passed by the opposite party No.2 as his service was terminated with immediate effect on the ground that he was arrested in connection with Sambalpur Town P.S. Case No.103, dated 29.03.2014. According to the petitioner, such dismissal from service with immediate effect is completely mechanical and whimsical.

4. Learned Addl. Government Advocate submits that the petitioner was engaged in a post of Village Agricultural Worker as per letter No.7900 dated 29.12.2008 on contractual basis and he was arrested on 05.04.2014 and forwarded to the court of learned SDJM (S), Sambalpur for trial for examination of offence under Sections 457 and 380 of the IPC and he was detained beyond 48 hours in custody. He was a contractually engaged as Village Agricultural Worker and

// 2 // as per terms and conditions of the contract, the employer can terminate from job if he is not satisfied with his conduct. Hence, he was terminated from the job and his termination was justifiable.

5. In view of such facts and circumstances, this Court is not inclined to interfere with the order of termination dated 15.04.2014.

6. Accordingly, the WPC (OAC) is dismissed.

(S.K. Panigrahi) Judge pcd