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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, SIBO SANKAR MISHRA
Somanath Rout (dead) – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding legality of the proceedings. (Para 3 , 4) |
| 3. court analysis and observations on procedural adherence. (Para 5 , 6) |
| 4. court's stance on delay and merits not addressed. (Para 7) |
| 5. conclusion and final orders of the court. (Para 8) |
Judgment:
The present Writ Appeal is directed against the order dated 29.06.2021 passed by the learned Single Judge of this Court in W.P.(C) No.18173 of 2021 directing the appellant to prefer an appeal before the appellate authority ventilating his grievance.
The appellant, while continuing as Senior Clerk in the Office of the Respondent No.4-Accountant General, Odisha (A & E), Bhubaneswar, was placed under suspension vide order dated 07.02.1994 issued by the District Education Officer, Bhadrak.
The departmental proceeding did not proceed further and in the meantime, on 31.03.2006, the appellant demitted the office on superannuation. After lapse of about six years on 29.10.2013, an Enquiring Officer was appointed by the Respondent No.3 to further continue the departmental proceeding initiated on 10.10.1996. The Enquiring Officer submitted his report after completion of the enqu
The District Education Officer's order imposing penalty post-retirement was contrary to the Orissa Civil Services (Pension) Rules, as validity lies solely with the State Government after retirement.
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....
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.
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
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....
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