JUDGMENT :

Dr. D.P. Choudhury, J.

1. Challenge has been made to the order dated 12.1.2007 (Annexure-9) of compulsory retirement passed by the Disciplinary Authority and order dated 17.4.2013 (Annexure-10) passed by the Appeal Committee confirming the order of the Disciplinary Authority.

2. FACTS

The factual matrix leading to the writ petition is that the petitioner was appointed as a driver in the judgeship of Kandhamal, Phulbani and during the relevant period, he was attached to the Office of Chief Judicial Magistrate, Boudh for plying the office Jeep bearing registration No.OLR 2594. During his incumbency as a driver, he was departmentally preceded vide D.P. No.14/2005 and the charges against him were as follows:

“OFFICE OF THE DISTRICT JUDGE KANDHAMAL-BOUDH, PHULBANI

DISCIPLINARY PROCEEDING No.14/2005

1. Name, Rank and Grade of the Officer proceeded against : Shri Jaya Prakash Mohanty Driver C.J.M. Court Boudh Now on deputation to the Court of JMFC Kantamal

2. Rank : Class-III

3. Whether Permanent or Temporary : Temporary

4. Scale of Pay : Rs.3,200/- to Rs.4,900/-

DETAIL OF CHARGES

You Sri Jaya Prakash Mohanty Driver, C.J.M., Court Boudh now on deputation to the Court of J.M.F.C., Kantamal, is charged as follows:

CHARGE NO.1

That, it appears that during your incumbency as Driver C.J.M. Court Boudh, you were not reported regarding depositing of Road Tax from March’02 to March’04 of the Office Jeep bearing ORL-2594 to your immediate authority of the Registrar, Civil Courts, Phulbani as the R.C. Book of the said vehicle was with you. Further the Regional Transport Authority, Phulbani has charged Tax Rs.1240/- + penalty of Rs.2480/- in Total Rs.3220/- for payment. Due to your latches the office has already paid Rs.2480/- excess as penalty to the R.T.A. Phulbani.

Your above action amounts to gross negligence in duty, carelessness, disobedience of order and dereliction in duty and thereby you have violated the Rule-3 of the Orissa Govt. Servants Conduct Rules, 1959, punishable as contemplated under Rule 15 of the Orissa Civil Services (CCA) Rules-1992.

CHARGE NO.2

That, it appears from the available records that you have not handed over the R.C. Book of the Office Jeep bearing Regd. No.ORL-2594 to the bidder. On being asked, you have stated that the R.C. Book of the said vehicle has been completely damaged by white ants as it was kept inside the garage. Due to your negligence, the R.C.Book of the said vehicle has been damaged.

Your above action amounts to gross negligence in duty, carelessness, misconduct and dereliction in duty and thereby you have violated the Rule-3 of the Orissa Government Servants Conduct Rule, 1959 punishable as contemplated under Rule 15 of the Orissa Civil Services (CCA) Rules, 1962.

CHARGE NO.3

That, the Chief Judicial Magistrate, Boudh has intimated vide his office Letter No.1920 dated 22.09.2005 that you were driving his personal vehicle to bring him from his residence to the Court and back from 20.1.2005 to 16.8.2005 at his own request, without prior permission of the District Judge.

Your above action amounts to carelessness, dereliction in duty and misconduct and thereby you have violated the Rule 3 of the Orissa Govt. Servants Conduct Rules, 1959 punishable as contemplated under Rule-15 of the Orissa Civil Services (CCA) Rules, 1962

Charge No.4

That the Judicial Magistrate, First Class, Kantamala has intimated in his letter no.1249 dated 29.09.2005 that you have remained absent unauthorizedly from 1.9.2005 to 29.9.2005 in the office without prior permission of the authority, for which many difficulties are being experienced in attending the day to day office work.

Your above action amounts to misconduct, unauthorized wilful absence, carelessness and dereliction in duty and thereby you have violated the Rule 3 of the Orissa Govt. Servants Conduct Rules, 1959 punishable as contemplated under Rule-15 of the Orissa Civil Services (CCA) Rules, 1962.

You are hereby called upon to submit your Written Statement of defence, if any,