AFR

IN THE HIGH COURT OF ORISSA, CUTTACK

W.A. No.625 of 2022

From an order dated 05.04.2022 passed in W.P.(OAC)

No.2477 of 2014

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Dr. Ratnarenu Baliarsingh ...... Appellant

-Versus-

State of Odisha & others

…… Respondents

For Appellant : Mr. Bisikesan Pradhan

For Respondents : Mr. P.K. Mohanty,

Addl. Standing Counsel

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P R E S E N T:

THE HONOURABLE SHRI JUSTICE JASWANT SINGH

A N D

THE HONOURABLE SHRI JUSTICE M.S. SAHOO

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Date of hearing: 22.11.2022 Date of judgment: 03.02.2023

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M.S.SAHOO, J. The Intra Court Appeal has been filed

challenging the order dated 05.04.2022 of the learned

Single Judge passed in W.P. (OAC) No.2477 of 2014

dismissing the petition filed by the appellant, who is at

present working as Professor & Head of the Department,

Department of Pedodontics & Preventive Dentistry, SCB

Medical College & Hospital, Cuttack.

// 2 //

Page 2 of 16

The facts in brief :

2. The writ petition, W.P.(OAC) No.2477 of 2014 was

registered before this Court after the Original Application

filed

on

14.08.2014

before

the

learned

Odisha

Administrative Tribunal, Cuttack Bench, Cuttack was

transferred to this Court upon abolition of the learned

Tribunal.

The facts which remain undisputed are reproduced

here in brief :

2.1 The petitioner was appointed as Assistant Dental

Surgeon in the District Headquarters Hospital, Phulbani

in June 1994 after completion of Master’s Degree in

Dental Surgery from the King George Medical College,

Lucknow.

The petitioner was transferred to SCB Dental College

and Hospital, Cuttack on 17.12.1995. She was working

there as Associate Professor in the Department of

Pedodontics and Preventive Dentistry till she was

transferred to V.S.S. Medical College and Hospital, Burla

vide Government of Orissa Notification dated 11.11.2011.

2.2 There was an allegation against the present petitioner

and a preliminary enquiry was conducted by the Joint

Director, Medical Education and Training (DMET)(O) on

the alleged complaint by the Principal, SCB Dental

College and Hospital, Cuttack. Thereafter, memorandum

and article of charges against the petitioner were framed.

The article of charges are reproduced herein :

// 3 //

Page 3 of 16

“Dr. Ratna Renu Baliarsingh, Asso. Prof. Deptt.

Pedodontics & Preventing Dentistry, SCB MCH,

Cuttack found absent during the visit of

Principal, SCB, Dental College & Hospital,

Cuttack. Further she remained frequently

absent during postgraduate seminars for which

she

being

alleged

of

misbehaviour

and

dereliction

of

official

duty.

When

Dr.

Baliarsingh was being asked for explanation

regarding her absence during duty hours on

three

different

occasions

she

confronted

Principal in abusive language on 25.08.20`11 in

front of Post Graduate students, a Professor &

an Asst. Dental Surgeon.

Thus the following articles of charges are

framed against her for violation of Rule 3 and 4

of the Odisha Govt. Servants Conduct rules,

1959.

1. Unauthorized and willful absence from

Govt. duty.

2. Dereliction of Govt. duty

3. Misconduct

Sd/-

29.11.11

Under Secretary to Govt.”

2.3 After initiation of the disciplinary proceeding, by

issuance of memorandum dated 29.11.2011 enclosing

articles of charges and statement of imputations of

misconduct and the memo of evidence, the departmental

enquiry proceeded. After recording of the statements of

the witnesses, filing of the written statement of defence

by the appellant facing the allegations specifically

denying the a