RUSHI GUMAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition has been filed challenging the order dated 14.9.2010 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No.1915 (C) of 2009 refusing to interfere with the office order dated 25.2.2009, issued by the Commissioner-cum-Secretary to Government, in Agriculture Department, intimating the petitioner that he is deemed to have been placed under suspension from the date of original order of his removal from Government service and he shall continue to remain under suspension until further orders.

(3.) The brief facts of the case, as narrated in the writ petition, is that the petitioner while working as Soil Conservation Officer, was placed under suspension by office order dated 12.6.1998, in contemplation of disciplinary proceeding under the provisions of the Orissa Civil Services (Classification, Control & Appeal) Rules, 1962 (hereinafter referred to as "OCS Rules"). After service of memorandum of charges on the petitioner and submission of his written statement of defence, the Commissioner for Departmental Enquiries, General Administration Department, was appointed as the Inquiring Officer. After completion of the enquiry proceeding, the Inquiring Officer submitted the enquiry report exonerating the petitioner from all the charges and recommending that the period of his suspension may be treated as duty.