ORDER

12.08.2008 — Heard Mr. B. K. Kar, learned counsel for the petitioner and learned counsel for the opp.parties.

The petitioner has filed this writ application with a prayer to quash the office order dated 22.7.2003 issued by the Division¬al Manager, Orissa Forest Development Corporation Ltd., Jeypore (C. KL) Division vide Annexure-2, initiating disciplinary pro¬ceeding against him on certain alleged irregularities committed while working in different posts in the Corporation. The disci¬plinary proceeding was initiated on 12.7.2003, after the peti¬tioner retired from service on attaining the age of superannua¬tion on 31.3.1999. The said disciplinary proceeding was started on 22.7.2003.

The undisputed facts are as follows :

(1) The petitioner is governed by “The Orissa Forest Corpo¬ration Service Rules, 1986”.

(2) No proceeding was initiated during the tenure of his service.

(3) The Rules 1986 underwent an amendment in the year 2004 (29.1.2004) incorporating a new Rule as Rule-123-A.

(4) There was no provision before the amendment of the said Rules for initiation of any disciplinary proceeding against the employees after their superannuation.

The provisions of Rule 123 are as follows