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ORISSA HIGH COURT : CUTTACK
BISWANATH RATH
Abhimanyu Giri – Appellant
Versus
State Of Orissa – Respondent
| Table of Content |
|---|
| 1. petition transferred from tribunal to court. (Para 1) |
| 2. challenge to penalty lacks procedural compliance. (Para 2 , 3 , 4) |
| 3. court identifies procedural failure in notice. (Para 5 , 6) |
| 4. court aligns with tribunal's decision due to delays. (Para 7 , 8) |
| 5. writ petition succeeds with orders for arrear release. (Para 9) |
JUDGMENT :
BISWANATH RATH, J.
1. This Writ Petition was originally filed on the Board of the Orissa Administrative Tribunal, Bhubaneswar Bench. On abolition of the Tribunal, the Petition is transferred to this Court for being decided under the provision of Articles 226 & 227 of the Constitution of India.
2. In filing this Petition, the Petitioner has challenged the procedure followed involving the penalty order by the Disciplinary Authority. The main thrust of argument involving the penalty order by the Disciplinary Authority remains, when the Enquiring Officer on completion of enquiry suggests exemption of the Delinquents including the Petitioner from the charges if the Disciplinary Authority wants to differ from the view of the Enquiring Officer following the provision in the Orissa Civil Services (Classification, Control & Appeal) Amendment Rules, 200
The court emphasized the necessity for strict adherence to disciplinary procedure as mandated by statutory provisions, establishing that non-compliance renders disciplinary actions invalid.
Non-compliance with statutory provisions renders show cause notice and punishment order unsustainable in law.
It is well settled, by a series of rulings of Apex Court and various High Courts including Court, that in a case where disciplinary authority and enquiry authority are two different functionaries, th....
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
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 must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.
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