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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, SIBO SANKAR MISHRA
Manas Ranjan Das – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. procedural background including the charge against the petitioner. (Para 2 , 3 , 4 , 5 , 6) |
| 2. the seriousness of the charges and initial response. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's reasoning on the adequacy of the disciplinary process. (Para 12 , 13 , 14 , 15) |
| 4. final dismissal of the writ petition for lack of merits. (Para 16) |
ORDER :
2. This writ petition has been filed by the petitioner Manas Ranjan Das with a prayer to quash the put off duty order dated 05.10.2015, charge sheet dated 26.02.2018, the inquiry report dated 12.08.2020, the proposed punishment order dated 23.09.2020, appellate order dated 03.01.2022, order dated 09.10.2025 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter 'Tribunal’).
4. The petitioner submitted his response to the report of the Inquiry Officer and the Disciplinary authority vide order dated 23.09.2020 passed the impugned punishment of removal from service, inter alia, holding that it is ordered that the petitioner in account with Badasuanlo S.O., under Dhenkanal H.O. (Now under put off duty) be removed from engagement of GDS with immediate effect.
6. When the matter was challenged before th
Disciplinary actions against employees for financial misappropriation must follow due process and can only be interfered with if proven unreasonable, arbitrary, or disproportionate to the misconduct.
The tribunal's decision to remand for lesser punishment was justified based on the principle of proportionality in disciplinary actions.
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
The court affirmed the necessity of stringent penalties for corruption within public service, emphasizing that admissions of guilt during inquiries mitigate claims of unjust treatment.
The Tribunal can modify disciplinary punishments if deemed shockingly disproportionate, reflecting judicial discretion in maintaining fairness in administrative actions.
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