GANESWAR MISHRA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) The applicant has retired from his services when he was working as Civil Supplies Officer, with effect from 31.3.2002. When the applicant was engaged as Marketing Inspector under the administrative control of the Department of Food and Civil Supplies, he was sent on deputation to the Orissa State Civil Supplies Corporation to work as Marketing Inspector. During the period of his deputation under the Orissa State Civil Supplies Corporation, a disciplinary proceeding was initiated against him. The memorandum of charges dated 23.10.1986 (Annexure-2) was served on him and the applicant had filed his show cause to the memorandum of charges. Thereafter inquiring officer was appointed by the disciplinary authority and after enquiry into the matter the inquiring officer submitted the enquiry report dated 30.12.2000 (Annexure-9) to the disciplinary authority with the following recommendation;

(2.) Heard Mr. Mallik, learned Counsel for the applicant and Mr. Kanungo, Iearned Government Advocate.

(3.) Since Mr. Mallik, learned Counsel for the applicant in earlier occasion, when this matter was taken up on 15.3.2010, submitting that without any notice to the applicant asking him to file his show cause relating to the proposed punishment to be passed by the disciplinary authority, even though the inquiring officer had recommended for complete exoneration of the applicant and to drop the proceeding initiated against him, this Tribunal had directed Mr. Kanungo, learned Government Advocate to produce the departmental proceeding file after flag-marking the same. In compliance with the said order Mr. Kanungo produced the departmental proceeding file in Court today along with the entire sheet of the proceeding.