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."
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"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.
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