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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Chhabi Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing an order and releasing pension. (Para 1 , 2 , 3) |
| 2. court's analysis on the validity of the inquiry process. (Para 5 , 6 , 7) |
| 3. cancellation of the impugned order and directive for retiral benefits release. (Para 8) |
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:-
A
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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