04.7.2025.
Sashikanta Mishra,J. The Petitioner seeks to challenge the
order dated 23.1.2025 passed by Sub-Collector,
Jajpur-cum-President, Governing Body of Abhimanyu
Samant Singhar (Degree) College, Balia (herein after,
the College), whereby he was placed under suspension
pending drawl of disciplinary proceeding against him
for negligence in Government duty as also for
abscondance.
2. Shorn of unnecessary details, the facts of the case
are that the Petitioner was appointed as a Lecturer in
History by the Governing Body of the College on
22.4.1992 and joined as such on 27.4.1992. The
appointment of the Petitioner was approved by the
Government. The College was bifurcated into +2 and
+3 wings pursuant to order dtd.8.4.2016 passed by
this Court in W.P.(C) No.22530/2012. The Petitioner,
being the senior-most teaching staff was approved as
Principal-in-charge of the College by order dated
12.1.2017 of the Director of Higher Education. Again
on 02.8.2019, the Petitioner was approved as
Principal-in-charge-cum-Secretary of the Degree
College in supersession of the earlier order. On
23.12.2024, the State Government issued a
Notification exercising power under Section 7(6) of the
Odisha Education Act, 1969, inter alia, dissolving the
Governing bodies of all Non-Government Aided Degree
Colleges and directing the Sub-Collector of the Sub-
Division concerned to temporarily act as President of
the Governing Body until further orders. In the
meantime, a complaint was lodged by a girl student of
the College alleging misbehavior by a Lecturer. An
F.I.R. being filed also against the Petitioner, he
appeared before the concerned Court and was released
on bail. The Sub-Collector however, passed the
impugned order on 23.1.2025 placing him under
suspension. It is stated that such order is entirely
without jurisdiction as the Sub-Collector, in view of the
settled position of law, cannot take any disciplinary
action against an employee of the College, a power
available only to the Governing Body as per Rule 21 of
the Odisha Education (Recruitment and conditions of
Service of Teachers and Members of the Staff of Aided
Educational Institutions) Rules, 1974 (for short “1974
Rules”). The Sub-Collector cannot function as the
disciplinary authority in the absence of the Governing
Body. Citing the above facts, the Petitioner has
approached this Court with the following prayer;