JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who retired on attaining the age of superannuation as Registrar, Biju Patnaik State Police Academy, Bhubaneswar, has filed this writ petition seeking to quash the disciplinary proceeding initiated against him, pursuant to the charge framed on 13.09.2005 vide Annexure-1 series, on the ground of inordinate delay in its completion.

2. The factual matrix of the case, in brief, is that while the petitioner was working as Inspector, D.H.R.P. Cell, Cuttack, on 29.04.2004, his government quarter was searched on the strength of a search warrant by a team of officers in presence of official witnesses and the properties/documents found during search were seized. It is alleged that during the check period from 1999 to 29.04.2004 the petitioner had purchased certain properties, comprising of both movable and immovable, in his name and in the name of his family members without prior permission/intimation as required under Rule 21 of the Odisha Government Servant Conduct Rules, 1959 and, as such, he had not submitted any property statement, as required under the aforesaid rule. Thereby, he was called upon to show cause on 13.09.2005 by issuing charge, memo of evidence and copies of relevant documents directing to submit explanation by 07.10.2005 as to why disciplinary proceeding shall not be initiated against him.

2.1. The petitioner submitted his reply to the show cause refuting the allegations levelled against him. But on the basis of the instructions issued by the S.P. Hqrs., Cuttack, vide letter dated 13.10.2009, the Director, Biju Patnaik State Police Academy (BPSPA), Bhubaneswar, by its letter dated 19.10.2009, directed the petitioner to submit his preliminary explanation in the disciplinary proceeding drawn up against him for his involvement in Cuttack Vigilance P.S. Case No. 15 of 2004, by 20.10.2009. The copies of the documents cited as exhibits in the memo of evidence were not supplied to the petitioner despite the instruction given by the State Police Headquarter, vide memo dated 06.11.2009. Thereby, the petitioner submitted a representation dated 12.01.2010 before the DG & IG of Police, Odisha with a prayer to drop the disciplinary proceeding against him.

2.2 By letter dated 17.04.2010, the Director, BPSPA, Bhubaneswar supplied the documents as per letter dated 03.04.2010, pursuant to memo dated 06.11.2009, and also directed to submit his preliminary show cause/ explanation. The petitioner submitted his preliminary explanation on 10.05.2010 in connection with the disciplinary proceeding initiated against him in connection with Cuttack Vigilance P.S. Case No. 15 dated 07.05.2004 registered under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. The authority, having not been satisfied with such explanation, entrusted the enquiry of the disciplinary proceeding to Smt. Rekha Lohani, IPS, the Additional Commissioner of Police, Bhubaneswar- Cuttack. After she was deputed to the Ministry of Home Affairs, Government of India, New Delhi, Sri A.N. Sinha, IPS, Commandant, S.O.G., Bhubaneswar was entrusted with the said inquiry and after his transfer, Sri Diptesh Kumar Pattnaik, IPS, DIG of Police, Computer, Bhubaneswar was entrusted with the enquiry in disciplinary proceeding. The petitioner, thereafter, submitted a representation on 24.08.2012 before the DIG & IG of Police, Odisha with a prayer to drop the disciplinary proceeding initiated against him and to consider him for promotion to the higher rank. When his representation was pending, after examination of the prosecution witnesses, the Enquiry Officer, by order dated 28.08.2012, directed the petitioner to submit his written defence or the list of defence witnesses. Pursuant to such order passed by the Enquiry Officer, the petitioner submitted the list of defence witnesses on 01.10.2012, but the disciplinary proceeding has not proceeded ahead till date. In the meantime, the petitioner, while being posted as