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2015 Supreme(Ori) 277

D.H.WAGHELA, BISWANATH RATH
STATE – Appellant
Versus
GOLEKHA CH. ROUTRAY – Respondent


Advocates Appeared:
For the Pet's Adv :ASC
For the Res's Adv :M/S.KALYANI PATNAIK

ORDER

D.H. WAGHELA

1. The petitioners-State has approached this Court to challenge the order dated 24.4.2013 of the Orissa Administrative Tribunal in Original Application No. 194 (C) of 1992 whereby the order dated 24.12.2011 dismissing the respondent has been quashed and he has been directed to be re-instated in service with immediate effect.


2. There is no dispute about the facts that the respondent had been dismissed by the order dated 24.12.2011 under the provisions of Rule-18 of the Orissa Civil Services (C.C.A.) Rules 1962 which reads as under:-

18. Special Procedure in certain cases- Notwithstanding anything contained in Rules 1516 and 17-

(i) where a penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge or

(ii) where the disciplinary authority is satisfied for reasons to be recorded in writing by that authority that it is not reasonably practicable to follow the procedure prescribed in the said rules or

(iii) where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure the disciplinary authority may consider the circumstances of the case and pass s












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