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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Sharat Kumar Mohanty – Appellant
Versus
Cuttack Development Authority, represented through its Secretary, Cuttack – Respondent
JUDGMENT :
V. Narasingh, J.
The Petitioner, Junior Assistant under the Opposite Party Cuttack Development Authority has filed the writ application assailing the order of punishment dtd. 10.02.2012 passed by the Vice Chairman, Cuttack Development Authority (Opp. Party No.3) under Annexure-16 and the consequential order passed by the Appellate Authority dtd. 03.07.2014 under Annexure-20, with a further prayer to regularize his entire service period and to grant him all consequential service and financial benefits.
The prayer in the writ petition is culled out hereunder for reference:-
“Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court be graciously pleased to quash the order of punishment imposed on the petitioner dated 10.2.2012 under Annexure-16 and the consequential order of the appellate authority communicated on 3.7.2014 under Annexure-20.
And further the Hon'ble Court be pleased to direct the opp. parties to regularize the services of the petitioner and to grant him the consequential service and financial benefits.
And/or pass any other appropriate writ/writs, direction/ directions, order/orders in the fitness of the case;
xxx xxx xxx
1. The uncontrov
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
Failure to issue a second show-cause notice as required by Rule 15(10)(i)(b) invalidates the disciplinary punishment, emphasizing adherence to procedural fairness.
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
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