Published On: Sat, Jun 7th, 2025

HC quashes discharge order of jail warder | Bhubaneswar News



Cuttack: Orissa high court quashed the discharge order of a jail warder who was removed from service on allegations of suppressing criminal case details in his attestation form, which was submitted at the time of applying for the post. The vacation bench of Justice Aditya Kumar Mohapatra ruled that the discharge order of P Rajesh Reddy, issued by the senior superintendent of circle jail, Berhampur, on Feb 2, 2024, “is unsustainable in law”. Reddy was appointed to the post of jail warder in Daspalla sub-jail on May 29, 2023.The authorities alleged that Reddy failed to disclose his involvement in two criminal cases registered at Chamakhandi police station. While seeking the HC’s intervention, Reddy pleaded that he had no knowledge of the cases and was never implicated, detained, or arrested in connection with them. He claimed to be a victim of mistaken identity and stated that his name was wrongfully linked to the cases involving a protest over land acquisition.Upon examining the facts and legal position, Justice Mohapatra, in his May 26 order, ruled that the discharge order violated Article 311(2) of the Constitution and was void from the beginning. The judge further observed that the petitioner (Reddy) did not suppress any material facts within his knowledge, and subsequent investigation showed he was not involved in either case.Setting aside both the discharge order and the subsequent rejection of the petitioner’s representation dated July 18, 2024, Justice Mohapatra directed the senior superintendent of circle jail (Berhampur) to reinstate the petitioner with all consequential service and financial benefits. “Further, it is directed that the period of discharge be treated as ‘on duty’ and the financial benefits accruing in favour of the petitioner for the said period be also calculated and disbursed in favour of the petitioner,” Justice Mohapatra specified, adding, “Let the entire exercise be carried out within a period of two months.





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