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ORISSA HIGH COURT: CUTTACK
BISWANATH RATH
Ashok Kumar Mishra – Appellant
Versus
Industrial Development Corporation of Orissa Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges disciplinary authority's decision. (Para 1) |
| 2. petitioner's arguments on lack of hearing and inquiry report. (Para 2) |
| 3. opposing parties' stance on admissibility and process. (Para 3) |
| 4. court's observations on disciplinary authority procedures. (Para 4) |
| 5. principles of natural justice in disciplinary actions. (Para 5) |
| 6. court remits the case for reconsideration. (Para 6) |
JUDGMENT :
In this writ petition, the petitioner challenges the order of punishment imposed by the Disciplinary Authority vie Annexure-9.
3. In his opposition, Sri Pattanaik, learned counsel for the contesting opposite parties while not disputing the fact that the Disciplinary Authority did not agree with the view of the Inquiry Officer and the Disciplinary Authority has taken a different view that of the Inquiry Officer, further also not disputing that the show cause notice issued to the petitioner by the ‘X’ Disciplinary Authority just prior to 2 days ahead of his transfer from the establishment debarring him from continuing as a Disciplinary Authority any further and also not disputing that there has been no opportunity of hearing by the ‘Y’ Disciplinary Authority undertaking
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