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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 :
Biswanath Rath, J.
In this writ petition, the petitioner challenges the order of punishment imposed by the Disciplinary Authority vie Annexure-9.
2. Limiting the submissions involving the writ petition, Sri Das, learned counsel for the petitioner contended that after the inquiry report is submitted exonerating the delinquent therein, the ‘X” functioning as the Disciplinary Authority differing from the view of the Inquiry Officer, issued a show cause notice just 2 days ahead of his transfer to another place and action involving such differing opinions was without affording opportunity of hearing to the delinquent-petitioner while functioning as Disciplinary Authority took final decision on imposition of penalty on the petitioner. It is on the premises of decision differ
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