Orissa HC lifts lifetime ban on SC candidate from government jobs, terms it ‘too harsh'
CUTTACK: The Orissa High Court has quashed a state government order that had debarred a Scheduled Caste candidate, Dibakar Patra, from all future government employment for not following the prescribed procedure while submitting application for the post of Civil Judge. The court, however, upheld the cancellation of his candidature for the post.
Pursuant to a notification issued by the Odisha Public Service Commission (OPSC) in 2017, Patra, a non-judicial court employee, had applied for the post of Civil Judge. But he applied neither through his employer, as required under the notification, nor had he obtained a no objection certificate (NOC). On detection of the lapses, the government in an order issued on June 30, 2017, cancelled his candidature and permanently debarred him from future government service.
In the judgment, the division bench of Justices Dixit Krishna Shripad and MS Sahoo observed, 'The impugned order debarring the petitioner from government service permanently is too harsh to be sustained as it violates the doctrine of proportionality. No special reasons are assigned to justify a permanent embargo as if a heinous sin is committed by the candidate.' The court quashed the order only on the aspect of permanently debarring the petitioner from staking claim for government appointment.
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New Indian Express
8 hours ago
- New Indian Express
Orissa HC lifts lifetime ban on SC candidate from government jobs, terms it ‘too harsh'
CUTTACK: The Orissa High Court has quashed a state government order that had debarred a Scheduled Caste candidate, Dibakar Patra, from all future government employment for not following the prescribed procedure while submitting application for the post of Civil Judge. The court, however, upheld the cancellation of his candidature for the post. Pursuant to a notification issued by the Odisha Public Service Commission (OPSC) in 2017, Patra, a non-judicial court employee, had applied for the post of Civil Judge. But he applied neither through his employer, as required under the notification, nor had he obtained a no objection certificate (NOC). On detection of the lapses, the government in an order issued on June 30, 2017, cancelled his candidature and permanently debarred him from future government service. In the judgment, the division bench of Justices Dixit Krishna Shripad and MS Sahoo observed, 'The impugned order debarring the petitioner from government service permanently is too harsh to be sustained as it violates the doctrine of proportionality. No special reasons are assigned to justify a permanent embargo as if a heinous sin is committed by the candidate.' The court quashed the order only on the aspect of permanently debarring the petitioner from staking claim for government appointment.
Time of India
a day ago
- Time of India
HC sets aside govt order barring candidate from govt service
Cuttack: The Orissa high court has set aside the Odisha govt's 2017 order that permanently barred a SC candidate, Dibakar Patra, from all future govt employment for procedural lapses in a judicial recruitment process. The court, however, upheld the cancellation of his candidature for the post of civil judge. Patra, a non-judicial court employee, had applied for the post of civil judge pursuant to a notification issued by the Odisha Public Service Commission (OPSC) in 2017. However, he failed to route his application through the proper channel — his employer — and did not obtain a mandatory 'No Objection Certificate' before entering the recruitment process. Citing this violation, the govt cancelled his candidature and permanently debarred him from future govt service via an order dated June 30, 2017. Aggrieved, Patra approached the high court the same year, seeking redress. Delivering the verdict on June 17, a division bench of Justices Dixit Krishna Shripad and MS Sahoo noted that while Patra's actions were procedurally incorrect, the punishment meted out was "too harsh to be sustained." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Treatment That Might Help You Against Knee Pain Knee pain | search ads Find Now Undo "As a layman, what he has done is wrong and therefore, he cannot be crushed by a sledge hammer, when a mild pinch would do the rightful," the bench observed, invoking the principle of proportionality. The court noted that the impugned govt order was not a "speaking order" and lacked specific reasons to justify such a severe punishment. "No special reasons are assigned to justify a permanent embargo as if a heinous sin is committed by the candidate," the bench stated, adding that his mistake did not reflect a guilty mind or serious misconduct. While agreeing with the state counsel that Patra's entry into the recruitment process was vitiated by illegality and hence could not result in appointment, the court rejected the govt's decision to permanently debar him from all future public employment. The bench clarified that Patra is entitled to participate in future recruitment processes if otherwise eligible. "Errors do occur in any human transaction... His case is miles away from the precincts of penal provision," the judgment said. The high court thus quashed the June 30, 2017 govt order only to the extent it permanently barred Patra from public employment, offering the petitioner a fresh chance to pursue govt service.
New Indian Express
2 days ago
- New Indian Express
Orissa High Court issues notice to SJTA on Patabola Seva row
CUTTACK: The Orissa High Court has issued notice to the chief administrator of Shree Jagannath Temple Administration (SJTA) in response to a petition challenging its decision to allowing two persons, who are not descendants of original Record of Rights (RoR) holders to perform the sacred Patabola Seva at the 12th century shrine in Puri. Justice RK Pattanaik issued the notice on Wednesday on the petition filed by Santosh Kumar Patra and seven others seeking the court's intervention against the order issued by the chief administrator on June 12, 2025. The petitioners claimed they are Patara Bishoyi Sevaks and descendants of the original RoR holders, who were specifically assigned to look after the Patabola Seva in the temple. According to the petition, Patabola Seva is a ritual service traditionally reserved for hereditary sevaks. It is a sacred secret service whose knowledge is transferred from generation to generation, and the outsiders have no scope to acquire such knowledge. Sevak means any person who is recorded as such in RoRs. During the hearing, advocate Avijit Patnaik, representing the petitioners, argued that allowing the two persons to take part in the Patabola Seva is contrary to section I21 (2) (1) of the Shree Jagannath Temple Act, 1955. The temple administration has encroached upon the religious practice and rights of sevaks, Patnaik contended. In the order on Wednesday, Justice Pattanaik said, 'Considering the facts pleaded on record and plea advanced by the petitioners, the court is inclined to have the response of Shree Jagannath Temple Administration in particular.' The judge issued notice to chief administrator and directed to list the matter on June 25.
