JUDGMENT

S.N.PRASAD, J. - The State of Orissa and its functionaries being aggrieved with the order dated 17.1.2013 passed by the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 384(C) of 2012 are before this Court by way of this writ petition, whereby and whereunder the order of dismissal of the sole opposite party has been quashed with a liberty to the disciplinary authority to initiate appropriate disciplinary proceeding against the applicant-sole opposite party and finalize the same as per law, rules and executive orders in vogue within a reasonable period.

2. The brief fact of the case is that the sole opposite party filed an original application before the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack being O.A. No. 384(C) of 2012 challenging the order passed by the Director General and Inspector General of Police, Odisha, Cuttack by which he has been dismissed from service in exercise of the powers conferred under Article 311 (2)(b) of the Constitution of India. His dismissal of service was based on the allegation of inaction in the matter of dealing with the case of atrocity on an 18 years old girl of village Arjunagoda under Pipili Police Station. It has been alleged against the sole opposite party that while he was posted as Inspector in-charge of Pipili Police Station in the district of Puri, one Sri Babuli Behera has submitted a written report to Sri Amulya Champatiray, the sole opposite party herein, mentioning that on 29.11.2011 at about 7 A.M. his daughter Kumari Babina Behera, aged 18 years had gone outside their house to attend to the call of nature. After some time, she was found lying naked in the field in an unconscious state struggling for her life, with marks on her throat. The local people had immediately shifted the girl to Pipili Government Hospital from where she was referred to Capital Hospital, Bhubaneswar and subsequently to S.C.B. Medical College & Hospital, Cuttack for treatment. The girl was in a state of comma. Babuli Behera had also complained that as he belongs to scheduled caste community the doctors are not paying adequate attention to his daughter. The allegation against the sole opposite party is that he even knowing the fact that the alleged commission of offence is a cognizable one that too against a scheduled caste girl, he neither did register the case nor made any station diary entry. He also did not make any formal enquiry/investigation into the incident, he failed to inform the senior officials about the occurrence and as such, there was severe public outcry due to the inaction of the police in taking legal action in the matter, which was reported widely in media. After abnormal delay, when there was severe adverse media report, the SDPO, Pipili visited the victim girl and met her father and finally on the report of Sri Amulya Kumar Behera, son of Babuli Behera, the brother of the victim a case was registered vide Pipili P.S. Case No. 10 dated 9.1.2012 under Sections 341, 307,376, 506/34, IPC read with Section 3(1) of the S.C. & S.T. (P.A.) Act. The State Government has directed the Crime Branch to take up the investigation vide order passed in this regard on 10.1.2012. The Superintendent of Police, Puri had also submitted an inquiry report on 13.1.2012 after visiting the crime spot and examining the mother of the victim and other witnesses. He also examined the sole opposite party and submitted a report that in spite of the inquiries, the sole opposite party did neither register a case and make any station diary entry nor take any legal action. Thereafter, the sole opposite party was put under suspension vide office order No. 63/Exe dated 13.1.2012 for his gross negligence and dereliction in duty. The Crime Branch had started investigation of the case and arrested four accused persons and they have been remanded to the judicial custody. The Superintendent of Police, Puri had also submitted another report on 22.1.2012 which revealed that