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2022 Supreme(Ori) 763

IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Laxmidhar Pal – Appellant
Versus
State Pollution Control Board Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. U.K. Samal, Advocate
For the Opposite Party :Mr. G. Rout, A.S.C., Mr. S.K. Padhi, Sr. Advocate

Table of Content
1. factual matrix surrounding the petitioner's case (Para 1 , 2 , 3 , 4)
2. petitioner's arguments regarding departmental proceedings (Para 5 , 6 , 7)
3. counterarguments from the opposite party and the legal clarity (Para 8 , 10 , 11)
4. precedents on continuity of proceedings after retirement (Para 12 , 13 , 14)
5. final ruling quashing the departmental proceedings (Para 15 , 16)

JUDGMENT :

1. The Petitioner, who was working as Environmental Scientist in the Office of the State Pollution Control Board, Odisha has preferred the present Writ Petition for quashing of the Departmental Proceeding initiated against him vide Memorandum dated 21.07.2012, as at Annexure-1, with an alternate prayer to keep the Departmental Proceeding pending till disposal of the criminal case.

3. Thereafter, vide order dated 01.07.2011, the Petitioner was put under suspension. The Petitioner was allowed to go on bail by the learned Special Judge (Vigilance), Balasore on 03.07.2011. He was reinstated in service on 26.06.2012. The Opposite Party No.2-Employer issued a major penalty charge sheet against the Petitioner which was received by him on 23.07.2012. On perusal of the statement of imputations

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