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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 :
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
3. The present Writ Petition has been filed inter alia with the following prayer:-
And this Hon’ble Court be further pleased to direct the opposite parties to release the pension and other retiral dues of the petitioner forthwith. since in the meantime more than two years have passed from the date of retirement of the petitioner and the petitioner has not yet received any pension and retiral dues in spite of the direction of this Hon’ble Court under Annexure-13 to the writ petition.
And for this act of kindness, as in duty bound, the petitioner shall ever pray.”
4.1. Learned counsel appearing for the Petitioner contended that even though instruction was provided to this Court that no proceeding is pending against the Pet
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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