The Orissa High Court quashed the cancellation of Last Pay Certificate and commented that “Reasons are manifestation of mind of Authority”.
The petitioner, Junior Clerk, approached the Odisha Administrative Tribunal, Cuttack under Section 19 of the Administrative Tribunals Act,1985, with a prayer to quash revised Last Pay Certificate issued vide Office Order cancelling Last Pay Certificate as communicated by Headmistress of Government Girls’ High School, Cuttack cancelling one time refundable of Rupees seven thousand five hundred (which was sanctioned by Office Order).
The petitioner-Sujata Das pursuant to the order issued by the District Adult Education Officer, Cuttack was appointed provisionally on ad hoc basis for a period of 89 days from the date of joining in the post of Typist against the post of Stenographer. While continuing as such as Junior Clerk-cum-Typist in the Office of District Mass Education, Cuttack, the petitioner was repositioned/adjusted against the post of Junior Clerk.
However, by Office Order the Last Pay Certificate has been revised and Last Pay Certificate has been cancelled by the Headmistress.
The cancellation of the Last Pay Certificate is not supported by any reason nor do they depict any application of mind. There is no record to show that prior to taking any action detrimental to the petitioner leading to civil consequence, no opportunity of hearing was afforded much less notice inviting explanation was issued.
The Single Bench of Justice Murahari Sri Raman observed that “Reasons are the manifestation of mind of the Authority. The reasons recorded should be self-explanatory and should not keep the petitioner guessing for the reasons. Reasons provide link between conclusion and evidence.”
The Court noted that the cancellation the Last Pay Certificate cannot be maintained and is indefensible.
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