JUDGMENT

K.R. MOHAPATRA, J. - W.P.(C) No. 11671 of 2016 has been filed by the State of Odisha and its instrumentalities assailing the order dated 20.03.2012 passed by learned Odisha Administrative Tribunal Cuttack Bench, Cuttack in O.A. No. 1135 (C) of 2008. W.P.(C) No. 16372 of 2017 has been filed by Sri Kirtan Bihari Singh questioning the legality and propriety of order dated 07.07.2017 passed by learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in C.P. No. 499(C) of 2014 arising out of O.A. No. 2753 (C) of 2012. The facts and point of law involved in both the cases being similar, those are taken up together and disposed of in a common judgment. For convenience of discussion, Sri Kirtan Bihari Singh is described as delinquent and the State of Odisha and its instrumentalities are described in their official capacity.

2. Undisputed facts giving rise to filing of these two writ petitions are that the delinquent while working as Filaria Inspector/Sanitary Inspector under the Director of Health Services and was posted at Khordha, an unfortunate incident occurred on 29.09.1999. On that date at about 3.30 P.M. One Pradipt Kumar Das, VS Clerk, Haldia PHC had gone to encash G.D. (staff salary) from State Bank of India, Khordha. While returning with the cash of Rs. 2,96,549/- along with the delinquent on his Scooter, two unknown persons came on a Motorcycle and snatched away the money. As such, said Sri Pradipta Kumar Das lodged an FIR in Khordha Police Station, which was registered as P.S. Case No. 312 dated 29.09.1999. On enquiry, the Investigating Officer submitted final report stating the allegation to be false. For the self-same incident, the Chief District Medical Officer, Khordha Issued notice to the delinquent on 15.12.1999 directing him to explain as to why disciplinary action should not be taken against him for such gross lapses and not attending his duty on 29.09.1999. Subsequently, disciplinary proceeding was initiated against the delinquent for vide Office order No. 1659 dated 21.02.2003 of Family Welfare Department for negligence in his duty, doubtful integrity, giving false statement, disobedience of orders of the authority and misappropriation of Government money, under Rule 15 of Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (for short, ‘the CCA Rules’). The delinquent submitted his reply to show cause notice on 09.04.2003 denying the charges. Sri Pradipta Ku. Das, VS Clerk, was also departmentally proceeded for self-same allegations vide charge memo dated 03.12.2003 and after due enquiry, he was imposed with a penalty on 24.11.2004 for recovery of Rs. 2,96,546/- along with other punishments. Against the punishment imposed upon Sri Das, he preferred appeal. While considering the appeal filed by Sri P.K. Das, the Appellate Authority in exercise of the power under Rule-29 of the CCA Rules superceded all the proceedings drawn up against the delinquent and others and directed to initiate a joint enquiry under Rule-15 read with Rule-17 of the CCA Rules. Accordingly, joint proceeding under Rule-15 read with Rule-17 of the CCA Rules was initiated against the delinquent, Sri P.K. Das, VS Clerk and Dr. P.L. Panda, the then Medical Officer in –charge of the PHC. Assailing the initiation of joint enquiry, the delinquent filed O.A. No. 911(C) of 2007, which was disposed of with the direction to consider the representation of the delinquent. Accordingly, the representation of the deliquent was disposed of vide order dated 29.09.2007 asking him to wait till finalization of the joint enquiry proceeding. Assailing such action of the disciplinary authority, the delinquent filed O.A. No. 1135 (C) of 2008. Said O.A. was disposed of vide order dated 20.03.2012 holding that the appellate authority, while acting under Rule-29 of the CCA Rules, had no scope to pass order for a joint enquiry and the order of the Government to initiate joint enquiry was not in accordance with Rules. Accordingly, charge