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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Ramesh Chandra Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. court's hearing procedures and representation (Para 1 , 2) |
| 2. petitioner’s request for mandate and pension (Para 3) |
| 3. legality of ongoing departmental proceedings post-retirement (Para 4) |
| 4. state's contention regarding previous instructions (Para 5) |
| 5. court's consideration of the procedural impermissibility (Para 6) |
| 6. final disposition of the writ petition (Para 7) |
JUDGMENT :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“Under the above circumstance, it is therefore humbly prayed that this Hon’ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus any other appropriate writ, direction or order by quashing the so called memorandum dated 10.10.2025 issued by the opposite party no.4 under Annexure-16 to the writ petition, in view of the law decided by the Hon’ble Apex Court in the Suchismita Mishra (supra) and of this Hon’ble case of Court in the case of Achyutananda Pradhan (supra).
And this Hon’ble Court be further pleased to direct the opposite
Departmental proceedings cannot be initiated beyond four years from the occurrence of an event, ensuring procedural compliance for retired individuals' benefits.
Proceedings initiated against a retired government servant based on events occurring more than four years prior to retirement are not maintainable as per Rule 7(2)(b)(ii) of the OCS(Pension) Rules, 1....
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
Departmental proceedings against a retired employee cannot be initiated more than four years after the relevant event, as per Rule 7(2)(b)(ii) of OCS (Pension) Rules, 1992.
Disciplinary proceedings against a retired government servant must comply with statutory requirements, including issuing a second show-cause notice and following appropriate rules for post-retirement....
Disciplinary proceedings cannot be initiated against a retired employee unless they were already in progress before retirement, as per established legal principles.
The issuance of charge sheets before retirement is sufficient to initiate departmental proceedings, regardless of when they are served, thus not violating the four-year limitation for initiating such....
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