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2009 Supreme(Ori) 680

S.C.PARIJA, I.MAHANTY
PRATAP KISHORE DASH – Appellant
Versus
HIGH COURT OF ORISSA – Respondent


JUDGMENT :

S.C. Parija, J. - The moot question which falls for consideration in this Writ Petition is whether a departmental proceeding initiated against the Petitioner, while he was in Government service, can be continued & punishment imposed for treating his period of suspension as such, after his retirement from service, in absence of any specific rule to that effect?

2. The Petitioner joined as an officer in Orissa Judicial Service Class-II in the year 1976. While working as a Judicial Magistrate First Class, Puri, he submitted a representation dated 11.11.1990 to the High Court for expunging the adverse remarks entered in his CCR for the year 1988, using intemperate, derogative & abusive language against the counter signing officer, Shri B.N. Dash, the then District Judge, Ganjam. The language used by the Petitioner were as follows:

Shri B.N. Dash, has no conception of inherent power of Orissa High Court, no conception of law & had no administrative control. He had collected molasses, ghee, cashew nuts from an advocate of Parlakhemundi & wanted to carry those articles to Berhampur in Government bus free of cost. He had corrupt dialings with an advocate named Shri S.C. Das. The Di






































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