Orissa High Court Imposes Heavy Fine on State Government Over Compassionate Appointment Appeal
The Orissa High Court has delivered a stern rebuke to the state government while dismissing a writ appeal against a single judge's order concerning compassionate appointment. The court not only rejected the appeal but also imposed an exemplary cost of Rs 1 lakh on the state, terming the legal challenge as "militantly unworthy" of consideration.
Bench Criticizes Government's 'False' Contentions
A division bench comprising Justices Dixit Krishna Shripad and Chittaranjan Dash, in their January 21 order, pulled up the government for making what they described as a "false" contention. The bench specifically objected to the state's argument that the writ petition had been allowed without granting an opportunity of hearing, stating categorically that "This contention is not only not true, but false."
The court pointed out that the state had indeed filed its counter and the petitioner had submitted a rejoinder, making the government's claim completely baseless. The bench expressed concern that such a plea had the potential to cast unwarranted aspersions on the single judge who had delivered the original order after providing full opportunity to all parties involved.
Background of the Compassionate Appointment Case
The appeal had challenged a single judge's order dated February 7, 2023, which had quashed the departmental rejection of a compassionate appointment application. The original order had remitted the matter for reconsideration as quickly as possible.
The case involved a health department employee who died while in service, leaving behind his aged wife and three sons. One son, who suffers from polio, did not claim compassionate appointment, while the second son staked his claim after obtaining consent from the third brother. These facts were clearly established through departmental correspondence, according to the court's observations.
Court's Strong Observations on Judicial Process
In its detailed order, the division bench noted that the single judge had passed what they described as an "impeccable order" and found "absolutely no reason or justification for filing this appeal." The court emphasized the importance of maintaining judicial integrity and preventing baseless challenges to legitimate judicial decisions.
While dismissing the appeal, the court provided a conditional relief regarding the imposed fine. The bench clarified that the Rs 1 lakh amount would not be payable if the compassionate appointment letter is issued on or before January 29. However, if this deadline is not met, the amount would carry a daily penalty for delay, adding further pressure on the administration to comply promptly.
State's Delay in Filing Appeal Also Rejected
In another significant aspect of the ruling, the court rejected the state's plea to condone a 319-day delay in filing the appeal. The bench made a strong observation that "A person who speaks demonstrably false things before the constitutional courts cannot be shown leniency at all." This remark underscores the court's zero-tolerance approach toward what it perceives as misleading submissions before judicial forums.
The ruling serves as a significant judicial message about the importance of factual accuracy in legal proceedings and the consequences of filing appeals without proper justification, particularly in sensitive matters like compassionate appointments that affect families of deceased government employees.
