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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Chittaranjan Bhoi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing departmental proceeding. (Para 1 , 2 , 3) |
| 2. court quashes proceeding due to unreasonable delay. (Para 4 , 5 , 6) |
| 3. writ petition allowed. (Para 7) |
Judgment :
1. Heard Mr. L. Sahu, learned counsel for the petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate for the State.
“It is therefore prays that this Hon’ble Court may be graciously pleased to admit this writ application, issue notice, Rule NISI in the nature of certiorari or any other writ/writs as deem fit and proper, quash the Departmental proceeding No.17/Engg./05-0484/2012-18706 dtd.7.11.2012 vide Annexure-2 and further be pleased to released all service benefits.”
3.1. It is contended that on the face of such order passed by this Court on 22.02.2022, when the proceeding was not finalized, petitioner again approached this Court by filing W.P.(C) No.30133 of 2022. This Court vide order 15.11.2022 while disposing the Writ Petition, directed the O.P. No.1 to dispose of the proceeding within a period of 3 (three) months from the date of production of copy of the order.
3.3. Hon’ble Court in the case of N. Radhakishan in Para-19 & 20 has held as follows:-
20. In the present ca
Delay in disciplinary proceedings without justification violates principles of administrative justice, warranting quashing of proceedings.
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
Inordinate delay in disciplinary proceedings can lead to quashing if it causes prejudice to the employee, emphasizing the necessity for timely resolution.
The main legal principle established is that inordinate delay in concluding disciplinary proceedings, causing prejudice and emotional distress to the accused, may warrant the closure of the proceedin....
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 continue against an employee after retirement without specific legal provisions allowing such continuation.
Protracted disciplinary proceedings without valid justification, especially post-acquittal in criminal cases, constitute harassment and must be quashed.
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