IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18671 of 2023

In the matter of an application under Article 226 & 227 of

the Constitution of India, 1950.

………………

Abhaya Kumar Rout …. Petitioner

-versus-

State of Odisha & Others …. Opp. Parties

For Petitioners : Mr. B. Pujari, Advocate

For Opp. Parties : Mr. S.P. Das,

Addl. Standing Counsel

PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY

Date of Hearing: 26.11.2025 and Date of Judgment: 26.11.2025

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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 challenging the order of punishment passed against the Petitioner vide order dtd.07.01.2023 under Annexure- 11, so confirmed by the appellate authority vide order dtd.24.05.2023 under Annexure-13.

4. While assailing the order of punishment, learned counsel appearing for the Petitioner contended that Petitioner while continuing in service as Soil Conservator Overseer, the proceeding was initiated against him vide Memorandum dtd.22.11.2018 under Annexure-1 by Opposite Party No.2 being the disciplinary authority.

4.1. In the said proceeding, Petitioner not only filed his written statement of defence under Annexure-2, but also participated in the enquiry. The Enquiry Officer after conducting the enquiry though found the Petitioner not guilty of the charges, but after receipt of the enquiry report with issuance of the 1^st show cause and the representation made by the Petitioner under Annexure-8, Opposite Party No.2 issued the 2nd show cause vide notice dtd.01.10.2022 under Annexure-9 proposing the punishment of recovery of a sum of Rs.1,39,979/- from the gratuity amount of the Petitioner, without giving a disagreement note as provided under Rule-15(10(i)(b) of the OCS (CCA) Rules, 1962 (in short 1962 Rules). Rule-15(10)(i)(b) of the Rules reads as follows:-

“Rule I5(l0)(i)(b) of OCS (CC&A) Rules, 1962, provides as follows;

"On receipt of the representation referred to in sub clause (a) if the disciplinary authority having regards to the findings on the charges, is of the opinion that any of the penalties specified in clauses (vi) to (ix) of rule 13 should be imposed, he shall furnish to the delinquent Government servant a statement of its findings along with brief reasons for disagreement, if any, with the findings of the inquiring officer and give him a notice by Registered post or otherwise stating the penalty proposed to be imposed on him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed penalty";

As the proposed tentative penalty of “withholding of promotion till his retirement” on the delinquent officer by the Disciplinary Authority does not come under any of the penalties specified in clauses (vi) to (ix) of rule-13 of OCS(CCA) rules, 1962, hence the proposed penalty was not intimated to the delinquent officer. Thus, there is no requirement under law to issue a show cause notice to the delinquent if a major penalty is not being imposed. Hence, as per proviso to Rule-15(10)(i)(b) of OCS(CC&A) Rules, 1962, advice of Odisha Public Service Commission was sought for on the proposed penalty along with all relevant documents Home Department Letter No.567 dated 03.01.2023.”

4.2. A counter submission was also made that, since by the time the impugned 2^nd show cause was issued vide notice dtd.01.10.2022 under Annexure-9, Petitioner had already retired from service on attaining the age of superannuation on 30.04.2021, the proceeding should have been conducted in terms of the provisions contained under Rule-7 of the OCS (Pension) Rules, 1992 (in short 1992 Rules). However, instead of converting the proceeding with due sanction of the Government to a proceeding under Rule-7 of the 1992 Rules, the disciplinary authority-Opposite Party No.2 issued the 2nd sho