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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Jayashree Biswal – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. hybrid arrangement initiation and record keeping. (Para 1 , 2 , 3) |
| 2. delay causing prejudice in the disciplinary proceeding. (Para 4) |
| 3. court's reliance on previous decisions regarding delay. (Para 5) |
| 4. quashing of proceedings due to inordinate delay. (Para 6 , 8) |
| 5. final order on the writ petition. (Para 7 , 9) |
ORDER :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. A. Tripathy, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate for the State. Addl. Affidavit filed by the petitioner and instruction provided by the learned State Counsel be kept in record.
3. Petitioner has filed the present Writ Petition inter alia with the following prayer:-
Therefore, the petitioner, most respectfully prays, that this Hon’ble Court shall graciously be pleased to admit this Writ Petition, issue Rule nisi calling upon the opposite parties to show cause as to:-
i) why the Departmental proceeding initiated against the petitioner vide Annexure-1 shall not be quashed for inordinate delay of Fourteen years and
ii) why the Opp. Parties shall not be directed to regularize the period of lea
Inordinate delay in disciplinary proceedings can lead to quashing if it causes prejudice to the employee, emphasizing the necessity for timely resolution.
Delay in disciplinary proceedings without justification violates principles of administrative justice, warranting quashing of proceedings.
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
Unexplained delays in disciplinary proceedings cause prejudice to the charged officer, warranting termination of such proceedings.
The main legal principle established is that inordinate delay in concluding disciplinary proceedings, causing prejudice and emotional distress to the accused, may warrant the closure of the proceedin....
Unexplained delay and lethargy in the disposal of disciplinary proceedings can lead to the quashing of the proceedings, especially when the employee has suffered mental agony and suffering due to the....
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