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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Kunja Bihari Sahoo – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge of dismissal orders and background (Para 1 , 2 , 3) |
| 2. petitioner's arguments against dismissal (Para 4) |
| 3. opposite parties' defense (Para 5) |
| 4. scope of judicial review in disciplinary actions (Para 6 , 7 , 11 , 14 , 15) |
| 5. consideration of past conduct in penalties (Para 8 , 10 , 12 , 16 , 20) |
| 6. separation of criminal and disciplinary proceedings (Para 17 , 24) |
| 7. final judgment and dismissal of the petition (Para 25 , 26) |
JUDGMENT :
S.K. Panigrahi, J.
1. In filing this Writ Petition, the Petitioner has challenged the charge memo dated 25.01.2017, Order of dismissal dated 16.2.2019 passed by the Superintendent of Police, Puri and rejection order dated 30.09.2020 passed by DIG of Police, CR.
2. Apart from the above prayer, the Petitioner has also sought for a direction from this Court to the Opposite Parties for reinstating him in service with all financial and consequential service benefits.
I. FACTUAL MATRIX OF THE CASE
3. The brief fact of the case in brevity remains:-
(i) On 05.03.1984, the Petitioner was appointed as a Constable in the Orissa Police. While serving in this capacity, allegations were made that on 07.11.2016, the Petitioner failed to perform du
Disciplinary authorities may conduct ex-parte proceedings if an employee is absconding, and prior misconduct can inform the determination of penalties, highlighting limited judicial review in discipl....
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Habitual absenteeism in a disciplined force can justify the imposition of a major penalty like dismissal from service, and such penalty may not be considered disproportionate to the allegations.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
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