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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:
S.S. Mishra, J.
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.
2. Following conspectus of facts as borne out from the record is recounted for the convenience of ready appreciation:
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 was initiated against the appellant on 10.10.1996 and charge memo was issued alleging some financial irregularities in the Office of the D.I. of Schools, Bhadrak. The appellant filed his response by denying all the charges. There
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.
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