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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Chhabi Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“Under the aforesaid facts and circumstances the petitioner humbly prays that this Hon’ble Court may graciously be pleased to,
1. Quash the impugned order dtd.23.05.2018 as at Annexure-6.
2. Direct/order that the pension and gratuity shall be released in favour of the petitioner within a stipulated period with admissible interest thereon.
3. Pass such other order(s) / direction(s) as may be deemed fit and proper in the bona fide interest of justice”.
4. It is contended that Petitioner while in service, the proceeding under Rule-15 of the OCS (CCA) Rules, 1962 (in short ‘Rules’) was initiated against him vide Memorandum dtd.06.05.2003 under Annexure-1 with the following charges:-
ANNEXURE-I
“Article of Charges:- During the incumbency of Sri Chhabi Behera as COD, Nuapada, it is revealed from the report of the Collector, Nuapada and aporoved special aduit report on the accounts of Sri Nrusingha Charan Jena, Ex-M.I. of Sinapali Block of Nuapda Di
Disciplinary action requires compliance with procedural rules; failure to conduct an enquiry renders the imposition of penalties invalid.
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.
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....
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
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