JUDGMENT

SURINDER SINGH NIJJAR,J.

1. Leave granted.

2. This appeal is directed against the order dated 15th September 2011 of the High Court of Orissa at Cuttack dismissing the Writ Petition (C) No.16450 of 2010 filed by the appellant challenging the order dated 25th February, 2009 directing that the appellant shall be under deemed suspension with effect from 14th February, 2003.

3. Briefly stated the facts are that the appellant, who was working as a Soil Conservation Officer (Class I) with the Government of Orissa, was placed under suspension by order dated 12th June, 1998 in contemplation of a disciplinary inquiry as envisaged under Rule 12(1)(a) of the Orissa Civil Services (CCA) Rules, 1962 (in short “OCS (CCA) Rules”). However, the suspension was revoked during the pendency of the enquiry proceeding on 20th July, 1999. In his report, dated 30th March, 2000, the enquiry officer exonerated the appellant of all the charges. However, the disciplinary authority disagreed with the findings of the enquiry officer and issued a show cause notice to the appellant dated 4th February, 2002 proposing the punishment of dismissal. The appellant submitted his reply to the show cause notice on 4th March, 2002. By an order dated 14th February, 2003, the disciplinary authority passed an order imposing the punishment of removal on the appellant. It was also directed that the period of suspension from 13th June, 1998 to 20th July, 1999 is treated as such.

4. Aggrieved by the order dated 14th February, 2003, the appellant moved the Orissa Administrative Tribunal, (OAT), Cuttack Bench, Cuttack in OA No.994 of 2003. On 7th July, 2006, the OA was dismissed by the OAT. The appellant challenged the order of OAT in Writ Petition (C) No.10653 of 2006 in the Orissa High Court. By an order dated 24th June, 2008, the writ petition was allowed. The order of OAT was set aside and the order of the Government of Orissa dated 14th February, 2003 was quashed. A direction was issued to the disciplinary authority to provide reasonable opportunity to the appellant before taking a final decision in the matter relating to the findings on the charges framed against him. Special Leave Petition (C) No.24190 of 2008 filed by the State of Orissa against the aforesaid order of the High Court was dismissed by this Court on 17th October, 2008. After dismissal of the aforesaid SLP, pursuant to the orders passed by the High Court on 24th June, 2008, the disciplinary authority issued a show cause notice dated 25th February, 2009 to the appellant calling for his representation. He was also informed that as per the provisions of law in Rule 12(4) of the OCS (CCA) Rules, he has been placed under suspension from the date of the original order of removal, i.e., 14th February, 2003, from Government service and shall continue to remain under suspension until further orders. Being aggrieved by the aforesaid order of suspension, the appellant moved the OAT Bench at Cuttack in OA No.1915 © of 2009 which was dismissed. The appellant challenged the order passed by the Government of Orissa dated 25th February, 2009 and the order passed by the OAT, by filing the Writ Petition (C) NO.16450 of 2010. The aforesaid writ petition has been dismissed by the High Court by an order dated 15th September, 2011. It is this order which has been challenged in the present appeal.

5. In the impugned order, the High Court has considered the provisions contained in Rule 12(4) of the OCS (CCA) Rules which reads as under :-

“Rule 12(4). Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set side or declared or rendered void in consequence of or by a decision of a court of law and disciplinary authority, on a consideration of the circumstances of the case decides to hold a further inquiry against him on the allegations on which the penalty of dismissal; removal or compulsory retirement was originally imposed, the Government servant shall be deemed to