RUSHI GUMAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 15th September 2011 of the High Court of Orissa at Cuttack dismissing the Writ Petition (C) No.16450 of 2010 filed by the appellant challenging the order dated 25th February, 2009 directing that the appellant shall be under deemed suspension with effect from 14th February, 2003.

(3.) Briefly stated the facts are that the appellant, who was working as a Soil Conservation Officer (Class I) with the Government of Orissa, was placed under suspension by order dated 12th June, 1998 in contemplation of a disciplinary inquiry as envisaged under Rule 12(1)(a) of the Orissa Civil Services (CCA) Rules, 1962 (in short "OCS (CCA) Rules"). However, the suspension was revoked during the pendency of the enquiry proceeding on 20th July, 1999. In his report, dated 30th March, 2000, the enquiry officer exonerated the appellant of all the charges. However, the disciplinary authority disagreed with the findings of the enquiry officer and issued a show cause notice to the appellant dated 4th February, 2002 proposing the punishment of dismissal. The appellant submitted his reply to the show cause notice on 4th March, 2002. By an order dated 14th February, 2003, the disciplinary authority passed an order imposing the punishment of removal on the appellant. It was also directed that the period of suspension from 13th June, 1998 to 20th July, 1999 is treated as such.