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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Asit Ranjan Jena – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the petitioner. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments from the opposite party-state. (Para 15 , 16 , 17 , 18) |
| 4. court's analysis and evaluation of evidence. (Para 20 , 21 , 22 , 23 , 24) |
| 5. conclusion and orders of the court. (Para 26 , 27) |
JUDGMENT :
1. The Petitioner has filed the present writ petition with a prayer to quash the order dated 30.8.2021 under Annexure-7 to the writ petition imposing punishment of “One Black Mark” on the Petitioner and the order dated 25.04.2022 passed by the Appellate Authority under Annexure- 9 to the writ petition as well as the order dated 19.07.2023 passed by the Revisional Authority under Annexure- 11 to the writ petition, which have upheld the order of punishment respectively. He has further prayed the Court to quash the Memorandum of Charge dated 25.04.2019 under Annexure- 1 to the writ petition and the Enquiry Report dated 24.04.2021 under Annexure-3 to the writ petition.
2. Before proceeding with the analysis of the grounds of challenge, it will be beneficial to discuss the brief factual background leading upto filing of the pres
Court found the disciplinary action based on flawed inquiry lacking evidence, emphasizing the need for just proceedings in stated misconduct cases.
The imposition of penalties in disciplinary proceedings must adhere to procedural fairness, with respect to evidence and proportionality, ensuring just treatment in accordance with established rules.
Disciplinary findings must be based on legally admissible evidence; lack of evidence warrants judicial intervention under Article 226.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
The court emphasized the importance of adhering to procedural rules and highlighted the impermissibility of relying on statements made during preliminary enquiry in disciplinary proceedings.
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