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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Sabitri Patra – 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. Since all these three Writ Petitions have been filed challenging the order of punishment passed on 18.03.2019 in three different disciplinary proceedings initiated against the deceased employee Jay Chandra Patra, all the matters were heard analogously and disposed of by the present common order.
4. Learned counsel appearing for the Petitioner contended that the deceased employee while in service three different departmental proceedings were initiated against him vide Memorandums dtd.13.01.1982, 03.01.1986 and 31.12.1991. In all those proceedings, the deceased employee not only participated in the proceeding, but also participated in the enquiry.
4.1. However, on the face of such participation of the deceased employee, when no decision was taken in concluding the proceedings, the deceased employee approached the Tribunal in O.A Nos.2126, 2127 & 2128 of 2002 with a prayer to direct the Opposite Parties to conclude the proceedings within a stipulated time period.
4.2. All the three Original Applications were disposed of
Disciplinary proceedings must adhere to statutory procedures; failure to follow these renders resultant penalties unsustainable.
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 against a retired employee can continue if initiated during service; defining grave misconduct under pension rules does not require explicit mention in charges, as grave alle....
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 action requires compliance with procedural rules; failure to conduct an enquiry renders the imposition of penalties invalid.
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 legal heirs of a deceased delinquent employee are entitled to prosecute the proceedings, and the President of India is the disciplinary authority for group-A posts, with no right of appeal availa....
Disciplinary proceedings abate upon the death of the employee, and sufficient evidence must support removal actions to ensure legality.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
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