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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Sangram Kumar Nayak – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. premature retirement order specifics. (Para 3) |
| 2. arguments regarding the legality of the retirement order. (Para 4 , 5) |
| 3. court's observations on evidence and claims. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. conclusion quashing the retirement order. (Para 12) |
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 challenging order dtd.05.01.2021 so passed by the Government-Opposite Party No.1 under Annexure-6, whereby Petitioner was given premature retirement in exercise of the power conferred under Rule-71(a) of the Odisha Service Code (in short ‘code’) from the date of the order.
4. Learned counsel appearing for the Petitioner contended that Petitioner while continuing in service as a Jailor-cum Superintendent in Malkanagir Sub-jail, a proceeding was initiated against him vide Memorandum dtd.09.12.2016 under Annexure-1. In the said proceeding after completion of the enquiry, the Enquiry Officer submitted the report on 04.11.2019 under Annexure-3 with the following findings:-
“It is a fact that the Sub-jail,
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
Premature retirement of a government employee must adhere to mandated procedures, requiring review prior to age limits and consideration of service record, highlighting the need for clear evidence ag....
The court held that compulsory retirement must be based on a comprehensive review of performance, not merely on pending allegations, ensuring due process is followed in such decisions.
Premature retirement must adhere to procedural guidelines, ensuring proper review of employee performance and status without overlooking established age thresholds and adverse record considerations.
Compulsory retirement must be executed by the appointing authority, following due legal procedures and cannot be imposed as a penalty without disciplinary proceedings.
Premature retirement decisions must adhere to prescribed guidelines; non-compliance when an employee reaches a certain age renders the decision unsustainable.
Premature retirement recommendations must adhere to age limit guidelines; deviations lead to invalidation. Appropriate procedures under OCS (CCA) Rules should be followed for misconduct cases.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
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