Orissa HC Quashes Teacher’s Suspension For Absence Of Disciplinary Action

Cuttack: The Orissa High Court has quashed the suspension of a junior lecturer as it found that disciplinary proceedings against the teacher were yet to be initiated even after four years.

Surendra Mahanta, who was posted in Government Higher Secondary School at Ukhunda in Keonjhar district, was placed under suspension on September 10, 2018. An order was subsequently issued for starting disciplinary proceedings against him.

Alleging lack of action in initiating disciplinary proceedings by the school and mass education department, Mahanta moved the High Court the same year.

When the matter came up for hearing on August 8, the court found that the petitioner was under suspension for nearly four years, but disciplinary proceedings had not been initiated so far. The authorities failed to give any explanation for the delay.

The single judge bench of Justice Sashikanta Mishra observed that the inaction of the authorities in initiating and concluding disciplinary proceedings against the petitioner cannot be approved.

“On the same analogy, the action of the authorities in keeping the petitioner suspended on the ruse of disciplinary proceedings for an inordinately long period cannot be sustained in the eye of law,” Justice Mishra observed in the order.

“True, there is no time limit specified therein for conclusion of the disciplinary proceedings, but then it is trite law that no proceedings can be kept indefinitely open to the detriment of the concerned employee,” the Judge ruled while quashing the suspension order.

The High Court further directed for reinstating the petitioner in service forthwith and pay him all consequential financial and service benefits as admissible in law within two months from the date of communication of this order or on production of a certified copy thereof by the petitioner. Copy of the HC order was available on Tuesday.