RABINARAYAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE submission of the applicant, in brief, is that he retired from government service on 31.8.2003 while serving as Deputy Conservator of Forests. He was issued with a charge memo at Annexure -1 containing imputation stating that a departmental proceeding under Rule 15 of OCS (CC & A) Rule, 1962 read with Rule7 (2)(b) of OCS (Pension) Rule, 1992 was proposed to the held. Being aggrieved of non -finalization of pension and other retiral dues the applicant had filed an original application vide O.A. No.1359(c)/2004 claiming payment of pension and other retiral dues. By the time of filing of that O.A. the aforesaid proceeding was not instituted. The said O.A. was disposed of on 9.4.2009 with a direction to complete the proceeding within six months and if the said proceeding would not be completed, the applicant would have right to move this Tribunal. That proceeding has not been progressed much less concluded. So the applicant has again come to the Tribunal by filing this application with a prayer to quash the departmental proceeding at Annexure -3 and for any other relief, as deem fit. During the course of hearing the applicant submitted that he has not been paid final pension and final gratuity etc.

(2.) THE applicant submits that the charges were vague. He has not committed any misconduct but in an arbitrary manner about two years after his retirement the proceeding has been initiated.

(3.) WE have heard the learned counsel for both sides. Perused the documents.