The imposition of black marks in disciplinary proceedings is restricted to cases involving moral turpitude; unauthorized absence does not meet this threshold.

JUDGMENT :

By the Bench;

1. This matter is taken up through hybrid mode.

2. This writ appeal has been filed for assailing the order dated 28.02.2023 passed by this Court in WP(C) (OA) No.1536 of 2019 under Annexure-1. The Appellant also prays for quashing the departmental proceeding dated 11.06.2015 and punishment order dated 28.07.2018, under Annexures-6 & 11 respectively, to the writ petition. The appellant also prays for consequential reliefs.

3. Mr. Khuntia, learned counsel submits that the appellant, while working as a Sepoy in 3^rd Battalion, Koraput, applied for leave from 03.02.2015 to 11.02.2015 due to his illness. However, he overstayed the sanctioned leave and therefore, he again applied for 15 days’ leave from 12.02.2015 on health grounds. The leave was not extended and the appellant was instructed to report for duty by 07.03.2015 by the Commandant, OASP, 3^rd Battalion, Koraput vide his order dated 25.02.2015. But due to his illness, the appellant could not join in his service. However, after recovery, the appellant submitted a representation on 15.07.2015. But without accepting the same, a disciplinary proceeding was initiated. In the said departmental proceeding, the appellant was imposed with the punishment of removal from service, and the period of absence from 12.02.2015 to 18.05.2016 (total 462 days) was treated as “No Pay” vide order dated 18.05.2016 of the disciplinary authority namely Commandant, OASP, 3^rd Battalion, Koraput.

4. Being aggrieved, the appellant filed an appeal under the provisions of the Odisha Police Manual (PMR). The Appellate Authority, on consideration of his appeal, reduced the punishment from removal from service to three black marks, and the period from 19.05.2016 (A.M.), i.e., the date of removal from service, till the date of joining after receiving the order was treated as “No Work No Pay”. Being aggrieved, the appellant preferred OA No.1536 of 2019 before the Odisha Administrative Tribunal, Bhubaneswar. On abolition of the Odisha Administrative Tribunal, the OA was transferred to this Court and was registered as WP(C) (OA) No.1536 of 2019. This Court, vide order dated 28.02.2023, modified the order of punishment and directed as under:-

“10. Since the proceeding in question was initiated on the ground of unauthorized absence, it is the view of this Court that it does not amount to moral turpitude. Therefore, in view of the provision contained under PMR 834(a), Opp. Party No. 2 while modifying the order of removal, could not have imposed three (3) black marks. Therefore, while interfering with that part of the order only, the impugned order at Annexure-11 is modified to the extent that the Petitioner will be awarded with one black mark and the period of removal from service till his joining having been treated as “no work no pay”, will remain as it is.”

5. Mr. Khuntia, learned counsel for the appellant submits that in view of the provision under PMR 834 (a), Odisha Police Manual, a black mark can be awarded only when the offence involves moral turpitude. Learned Single Judge in the concluding paragraph of the impugned order (quoted supra) held that the charge of unauthorized absence does not amount to moral turpitude. He, therefore, submits that the imposition of the punishment of one black mark, as directed by this Court, is illegal and should be modified. He further submits that after order of dismissal was passed by the disciplinary authority, the appellant could not have joined in his service until the appellate authority modified the order of punishment of dismissal by reducing the same. Thus, the order of the appellate authority that “