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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Shyama Sundar Sahoo – Appellant
Versus
Odisha State Warehousing Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash recovery order post-retirement. (Para 1 , 2 , 5) |
| 2. petitioner disputes validity of show cause notice. (Para 3 , 4) |
| 3. opposite parties defend recovery based on stock verification. (Para 6 , 7 , 13 , 14) |
| 4. legal process for imposing penalties on employees discussed. (Para 10 , 11 , 12) |
| 5. court examines procedural validity of recovery order. (Para 15 , 16 , 17 , 18) |
| 6. disciplinary actions cannot continue post-retirement. (Para 19 , 20 , 21) |
| 7. court orders refund of recovered amount to petitioner. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
1. By filing the present Writ Petition, the present Petitioner seeks to invoke the jurisdiction of this Court under Article 226 of the Constitution of India to quash the Office order dated 21.08.2023 under Annexure-6 to the Writ Petition passed by the Managing Director, Odisha State Warehousing Corporation, Opposite Party No.2. By virtue of the impugned order dated 21.08.2023 the Opposite Party no.2 seeks to recover an amount of Rs.10,91,452/- along with interest at the rate of 12% per annum from the Petitioner without initiating any Disciplinary Proceeding against the Petitioner, who had already retired from servi
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
Disciplinary proceedings cannot continue post-retirement without specific provisions, and recovery from retirement benefits is impermissible without legal authority.
The recovery order and withholding of retiral dues without proper procedure and opportunity for the petitioner to be heard were illegal and arbitrary, and the petitioner was entitled to interest on t....
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Point of law: doctrine of equality is a dynamic and evolving concept having many dimensions. The embodiment of the doctrine of equality can be found in Articles 14 to 18 contained in Part III of the ....
A writ petition cannot challenge a show cause notice or charge-sheet unless issued by an incompetent authority or with mala fide intent, as they do not constitute adverse orders.
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