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.