Cuttack: The Orissa High Court overturned the discharge of jail warder P Rajesh Reddy, who was dismissed from service for allegedly concealing criminal case details in his attestation form submitted at the time of applying for the post.
Justice Aditya Kumar Mohapatra, in a vacation bench ruling, declared the discharge order issued by the senior superintendent of Berhampur circle jail on February 2, 2024, as “legally unsustainable.”
Reddy, appointed as a jail warder at Daspalla sub-jail on May 29, 2023, was accused of not disclosing his involvement in two criminal cases registered at Chamakhandi police station.
While seeking the HC’s intervention, Reddy argued he had no knowledge of the cases, was never implicated, detained, or arrested, and instead was a victim of mistaken identity linked to a land acquisition protest.
On May 26, Justice Mohapatra ruled that the discharge violated Article 311(2) of the Constitution, was void, and that Reddy did not suppress any known facts, with investigations confirming his non-involvement. The court set aside the discharge order and the rejection of Reddy’s representation on July 18, 2024, ordering his reinstatement with all service and financial benefits.
The judge directed that the discharge period be treated as “on duty,” with financial benefits calculated and disbursed, and the process completed within two months.