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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Akshaya Kumar Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of departmental proceeding initiation. (Para 3 , 4) |
| 2. arguments regarding delay in proceeding. (Para 5 , 6 , 11) |
| 3. interpretation of rule 7(2)(b)(ii) of ocs pension rules 1992. (Para 7 , 9 , 10) |
| 4. conclusion and order quashing proceedings. (Para 13 , 14) |
JUDGMENT :
A.K. Mohapatra, J.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the pleadings of the respective parties as well as the materials placed before this Court for consideration.
3. The present Writ Petition has been filed by the Petitioner with a prayer to quash the Departmental Proceeding vide Memorandum No.375/WR(C) dated 19.05.2022 under Annexure-2 and order vide No.366/WR© dated 19.05.2022 under Annexure-3.
4. The factual background of the present case, in nutshell, is that while the Petitioner was working as Executive Engineer (M.I.) D & Q.C., Northern Minor Irrigation Circle, Sambalpur, has retired from Government service on attaining the age of superannuation on 3108.2017. No criminal or departmental proceeding was pending against the Petitioner at the time
Departmental proceedings against a retired employee cannot be initiated more than four years after the relevant event, as per Rule 7(2)(b)(ii) of OCS (Pension) Rules, 1992.
Departmental proceedings against a retired employee cannot be initiated for events occurring more than four years prior, as established by Rule 7 of the Orissa Civil Services (Pension) Rules, 1992.
Proceedings initiated against a retired government servant based on events occurring more than four years prior to retirement are not maintainable as per Rule 7(2)(b)(ii) of the OCS(Pension) Rules, 1....
The issuance of charge sheets before retirement is sufficient to initiate departmental proceedings, regardless of when they are served, thus not violating the four-year limitation for initiating such....
Disciplinary proceedings against a retired government servant must comply with statutory requirements, including issuing a second show-cause notice and following appropriate rules for post-retirement....
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