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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Member Secretary, State Pollution Control Board, Odisha, BBSR – Appellant
Versus
Laxmidhar Pal – Respondent
| Table of Content |
|---|
| 1. initial case details and procedural history. (Para 1) |
| 2. arguments surrounding the employee's eligibility for benefits. (Para 2) |
| 3. court's analysis on suspension and legal context. (Para 3) |
| 4. conclusion on appeal outcome and future prospects. (Para 4) |
JUDGMENT :
This Intra-Court Appeal is directed against a learned Single Judge’s order dated 17.09.2025, whereby Respondent-employee’s W.P.(C) No.23367 of 2023 having been favoured, the relief has been accorded in the following words:
7.1. Therefore, this Court while disposing the Writ Petition directs Opposite Party No.2 to regularize the period of suspension from 01.07.2011 to 24.06.2012 and extend the benefit as due and admissible in favour of the Petitioner. This Court directs Opposite Party No.2 to take a decision as directed within a period of six (6) weeks from the date of receipt of this order.”
3. Having heard learned counsel for the parties and having perused the Appeal papers, we are inclined to grant a limited indulgence in the matter as under and for the following reasons:
ii) The vehement submission of learned counsel for the Respondent- employee that under Regulation 21 of 2011 Regulation, once an employee i
An employee under suspension due to a pending criminal case cannot claim regularization of that suspension period until the case is resolved in their favor.
Acquittal in prior criminal proceedings necessitates regularization of suspension period as duty, regardless of subsequent charges.
The court ruled that the suspension period cannot be regularized for pension benefits without a specific order from the Disciplinary Authority, especially when there is significant delay in seeking s....
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
An acquitted employee is entitled to have their suspension period treated as on duty, and authorities must provide reasoned orders in compliance with natural justice.
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
Regularization of employee services is warranted where qualifications are verified and appointments were made by the competent authority, despite contractual provisions, especially when earlier judgm....
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