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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Biranchi Narayan Behera – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. N. Rath, learned counsel for the petitioner and Mr. S.P. Das, learned Addl. Standing Counsel for the State.
2. Pursuant to order dated 19.02.2026, no affidavit though has been filed by the State Counsel, but learned Addl. Standing Counsel produced the instruction so provided by the Department vide letter dated 04.02.2026. The same be kept in record.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“The petitioner, therefore most humbly prays that this Hon'ble Court may graciously be pleased Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, upon showing insufficient cause/ no cause make the said Rule absolute. Issue writ/ writs in the nature of
i. Certiorari quashing the departmental proceeding initiated against the petitioner as per memorandum dtd. 28..02.2023 as at Annexure-5 declaring the same to be illegal, arbitrary and in contravention of Rule 7 (2) (b) of the OCS(Pension) Rules, 1992.
ii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think fit a
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....
Departmental proceedings cannot be initiated beyond four years from the occurrence of an event, ensuring procedural compliance for retired individuals' benefits.
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.
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....
Initiation of departmental proceedings against a retired officer must comply with the time limit specified under relevant pension rules.
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.
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
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