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2013 Supreme(Ori) 30

M.M.DAS, B.K.MISRA
Sarat Chandra Das – Appellant
Versus
Orissa State Warehousing Corporation, represented through its Managing Director – Respondent


Advocates Appeared:
For Petitioner: M/s. J. Mohanty and Pami Rath
For Opp. Party: M/s. B.K. Sahoo and K.C. Sahoo

JUDGMENT

M.M. DAS, J.

The petitioner in this writ petition has sought for quashing the disciplinary proceeding bearing D.P. No. 1 of 2009 initiated against him and also for quashing the order dated 17.3.2011 as at Annexure-7.

2. In order to appreciate the contentions raised by the parties, it is necessary to delineate the facts involved in this case in gist. The petitioner after joining in service in the Orissa State Warehousing Corporation (hereinafter referred to as 'the Corporation') on 7.5.1973 has served the Corporation in different capacity and has been superannuated from service on 30.4.2009. While in service as the Zonal Manager, Bhawanipatna, he was served with a memorandum of the charges under Regulation 19 of the Orissa State Warehousing Corporation (Staff) Regulation, 1985 (in short 'Staff Regulation') on 25.4.2009 vide Disciplinary Proceeding No.1 of 2009: Thereafter, additional charges were framed on 29.4.2009. The petitioner has averred that he was not supplied with documents upon which the employer relied upon in the disciplinary proceeding for which the petitioner repeatedly made request and as the documents were not supplied to him, he did not get any opportunity to








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