SUNAKAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) DISCIPLINARY proceeding was started against the petitioner while he was serving as a Junior Clerk in the office of the Settlement Officer, Cuttack. The charges were enquired into and on the basis of the enquiry report, the disciplinary authority by order dated 21.6.1989 (Annexure -13) removed him from government service. The appellate authority modified the penalty of removal from service to compulsory retirement but treated the period of suspension as such. The aforesaid two orders were challenged by the petitioner before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 390 (c) of 1994. The Tribunal by order dated 18.3.1999 disposed of the matter with a direction that the petitioner who was in possession of the enquiry report would file a fresh appeal before the appellate authority who would dispose of the same by passing a speaking order. Pursuant to the said order, the petitioner filed appeal and the appellate authority by order dated 7.6.1999 (Annexure -15) dismissed the same with the following order :

(2.) THE petitioner in this writ petition seeks quashing of the enquiry report at Annexure -12 as well as the order of the appellate, authority dated 7.6.1999 at Annexure -15.

(3.) WE may state here that although the petitioner has not made any specific prayer for quashing the first order of the Tribunal dated 18.3.1999, this Court is not powerless to mould the relief if occasion arises in the interest of justice and quash the same. No order should be allowed to subsist if its illegality comes to the notice of the Court.