HC orders fresh review of teacher’s plea against sacking

Cuttack: A single-judge bench of the Orissa high court has directed the director of secondary education to consider afresh an appeal regarding termination of service of a Hindi teacher 28 years back.Kanakalata Pradhan was appointed as Hindi teacher in Sri Jagannath High School at Odopainga in Jagatsinghpur district in 1988 by the order of school management. She was terminated from service in October 1996.In her petition seeking intervention against the termination order, the high court directed her to approach the director, secondary education, by way of an appeal in 2003. But when the official rejected her appeal on June 13, 2011, she returned to the high court again.Justice Sashikanta Mishra on Monday said, “As a natural corollary, the matter has to be remitted to the appellate authority to decide the appeal afresh. Of course, this court is conscious of the fact that the appeal was decided way back in the year 2011 involving an order of termination that was supposedly passed in the year 1996, yet in the peculiar facts and circumstances as narrated above, there is no other option than to remit the matter as this court sitting in writ jurisdiction obviously cannot adjudicate disputed questions of fact.”While quashing the June 2011 order, Justice Mishra said, “The director, secondary education is directed to hear the appeal afresh after granting opportunity of hearing to all concerned strictly on the basis of available records.”“Needless to mention, the report of the inspector of schools and the affidavits enclosed thereto shall be ignored by the appellate authority,”Justice Mishra added. He directed for hearing of the appeal and disposal as soon as possible or within a period of two months from the date of communication of the order.

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