JUDGMENT :

A.K. Mohapatra, J.

1. Initially the applicant-petitioner approached the Orissa Administrative Tribunal, Bhubaneswar Bench by filing an Original Application. On abolition of the Tribunal, the Original Application has been transferred to this Court and registered as WPC(O.A.). Since the pleadings are complete from both sides, the matter is being taken up for final hearing today.

2. Heard Mr. Ajit Rath, learned counsel for the Petitioner and Mr. P.C. Das, learned Additional Standing Counsel for the State. None appears for the OPSC-Opposite Party No.3 despite valid service of notice.

3. The brief facts of the case, in a nutshell, is that the Petitioner who is working as a Junior Engineer (Civil), Anandapur Barrage Sub-Division, Section No.III Agarpada in the district of Bhadrak under Executive Engineer, Baitarani Division, Salapada, Keonjhar, faced a departmental proceeding No.25467, dated 18.07.2002, drawn up jointly along with four others which includes three Junior Engineers and one Assistant Engineer in Class-II Gazetted rank, in connection with the work of improvement to the Soso Branch canal Road of Anandapur Barrage Project from RD.00 K.M. to 18.70 K.M. under Anandapur Ba