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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Dhruba Mahakur – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
The Present Writ Petition has been filed challenging the order of discharge passed against the Petitioner vide order dated 22.01.2013 under Annexure-5 and the confirmation of the same by the Appellate Authority vide his order under Annexure-6.
2. It is the case of the Petitioner that the Petitioner entered into service as a Constable under Opposite Party No.3 where he joined on 15.12.2011. The Petitioner subsequent to his appointment was attached to the office of Opposite Party No.3 and while so continuing, he was granted with three days C.L from 05.07.2012 to 08.07.2012. But the Petitioner could not join after availing such leave and he joined only on 27.08.2012 by producing medical certificate for the period from 08.07.2012 to 26.08.2012 under Annexure-2.
2.1. The Petitioner subsequently was issued with a show- cause on 03.01.2013 under Annexure-3 wherein it is alleged that the Petitioner remained on unauthorised leave from 09.07.2012 to 27.8.2012 and thereafter absconded from his training w.e.f 30.08.2012 without any leave or permission from the competent authority. The Petitioner though submitted a detailed reply under Annexure-4, but withou
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Unauthorized absence from duty in a disciplined paramilitary force constitutes grave misconduct; disciplinary proceedings conducted ex-parte following the employee's failure to respond to legitimate ....
The petitioner failed to provide sufficient evidence to support his claims and did not give any valid reasons for his absence. The dismissal order was validly passed by the Commandant in accordance w....
The importance of truthfulness and openness when invoking extraordinary jurisdiction under Article 32 and Article 226, and the serious view taken on indiscipline in the Armed Forces.
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
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