CUTTACK: The Orissa High Court has held that the district collector has no authority to relieve the duties of the district welfare officer (DWO) who was transferred and posted by the SC&ST Development, Minorities and Backward Classes Welfare department.
The single judge bench of Justice Aditya Kumar Mohapatra gave the ruling in the case of Ashima Rao (DWO Rayagada) who was directed by the Rayagada collector to hand over the detailed charges of the assistant district welfare officer, while being relieved of her duties from January 28 this year.
Justice Mohapatra also issued a stay order on the collector’s order for six weeks or till disposal of her representation against it to the state government.
Stating that the petitioner was initially transferred and posted as DWO, Rayagada by the SC&ST Development, Minorities and Backward Classes Welfare department on December 9 last year, Justice Mohapatra said, “Therefore, there is no dispute with regard to the fact that it is the government that is the disciplinary and controlling authority of the present petitioner.”
“The impugned order does not reveal as to whether the petitioner has been assigned with any other work. In such view of the matter, this court has no hesitation in arriving at the conclusion that the impugned order is punitive in nature, and as such the same could not be passed by the collector Rayagada,” he stated.
Disposing of the petition, Justice Mohapatra granted liberty to the petitioner to approach the state government by filing a detailed representation taking therein all the grounds within 10 days.