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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Ladu Kishore Mohapatra – Appellant
Versus
Director of Agriculture And Food Production, Odisha – Respondent
| Table of Content |
|---|
| 1. judicial proceedings initiated against petitioner. (Para 1 , 2 , 3) |
| 2. arguments contesting the procedure and findings of commission. (Para 4) |
| 3. defense arguments regarding procedural delays and previous legal actions. (Para 5) |
| 4. court's determination of legal procedural non-compliance. (Para 6) |
| 5. conclusion and directive for beneficiary payments. (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. K.C. Sahu, learned counsel appearing for the Petitioner and Mr. S. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging the order of punishment passed by the disciplinary authority-Opp. Party No. 2 vide order dtd.22.05.2008 under Annexure-12 and the order passed by the appellate authority- Opp. Party No. 1 in confirming the punishment vide order dtd.23.07.2010 under Annexure-13.
4. It is contended that in the proceeding initiated against the Petitioner vide Memorandum dtd.29.07.1993, Petitioner was imposed with the punishment by the disciplinary authority-Opp. Party No. 2 vide order under Annexure-12, further confirmed by the appellate a
Failure to issue a second show-cause notice as required by Rule 15(10)(i)(b) invalidates the disciplinary punishment, emphasizing adherence to procedural fairness.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
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 action requires compliance with procedural rules; failure to conduct an enquiry renders the imposition of penalties invalid.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
Non-compliance with statutory provisions renders show cause notice and punishment order unsustainable in law.
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