Non-compliance with natural justice principles and OSRTC regulations renders a compulsory retirement order invalid.

JUDGMENT :

Dr. B.R.Sarangi, J.

The petitioner, who was working as Junior Accountant in the Orissa State Road Transport Corporation (in short hereinafter referred to as “O.S.R.T.C.”) has filed this application seeking to quash the order of his compulsory retirement dated 10.06.1999 under Annexure-10 passed by the Managing Director, OSRTC and reinstate him in service with all service benefits as admissible to his post.

2. The short facts of the case in hand are that the petitioner was appointed as Accounts Clerk in OSRTC on 16.12.1974 and promoted to the rank of Jr. Accountant in April, 1994. While so continuing, he was elected as the President of the State Transport Workers” Federation and indulged in Union activities. Subsequently, he applied for his voluntary retirement vide Annexure-1 dated 30.04.1998 and the same was forwarded to the Managing Director by the District Transport Manager, Cuttack on the same day vide Annexure-2. He was communicated on 26.11.1998 that his application for voluntary retirement was not accepted vide Annexure-3. When another Voluntary Retirement Scheme was introduced by the OSRTC, he also applied for the same vide Annexure-4 dated 15.04.1998, pursuant to which the General Manager (Admn.) prepared a list of 68 employees who were offered to go on voluntary retirement w.e.f. 31.01.1999 vide Annexure-6 in which the petitioner”s name found place at Sl. No.33. Instead of giving effect to the list prepared under Annexure-6 dated 05.01.1999, the General Manager (Admn.) prepared another list on 12.01.1999 vide Annexure-7 consisting of 28 persons and sent the same to the District Transport Manager (Admn.), OSRTC in which the petitioner”s name was not there. No reasons were assigned why his name was not included in the list. But, in the list prepared on 12.01.1999 indicating the names of 28 persons, the petitioner”s name was also excluded from the said list. Consequentially, the petitioner continued in service. He availed leave from 16.05.1995 to 10.08.1995 vide Annexure-8 with due permission on the ground of his illness and marriage ceremony of his sister, but beyond 10.08.1995 he had not applied for any leave or intimated his whereabouts. All on a sudden on 20.04.1999 a letter was communicated to him to show cause by 30.04.1999 why he remained on unauthorised leave, failing which it would be deemed that he had nothing to say in the matter and the matter would be decided according to its merit besides imposing other punishments as it deemed fit. In response to the said notice of show cause, the petitioner filed an application on 05.05.1999 requesting that the statement of allegations along with memo of evidence basing on which the alleged show cause was issued may be made available to him at an early date and thereafter three weeks time be allowed to submit his explanation. But instead of providing documents called for by him, the impugned order under Annexure-10 dated 10.06.99 was passed by imposing major penalty of compulsory retirement from service with immediate effect. The period from 16.05.1995 to 10.08.1995 was treated as leave due and the period from 11.08.1995 to till date was treated as leave without pay which would not count towards his qualifying service. Hence this application.

3. Mr. S. Mohanty, on behalf of Mr. S.K. Padhi, learned Senior Counsel for the petitioner submitted that the order of punishment which was even imposed by the authority without following due procedure of law cannot be sustained in the eye of law. He further submitted that no proceeding was initiated against the petitioner and only on mere asking for show cause the impugned order was passed without complying with the principles of natural justice thereby the proceeding itself is vitiated.

4. Mr. S.K. Pattnaik, learned Senior Counsel appearing for the opposite parties submitted that the petitioner had submitted an application on 30.04.1998 stating therein that due to his private business he had lost his mind to work and he w