SUVENDU KUMAR ROUTRAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present writ application, the petitioner seeks to challenge the order of punishment passed by the Disciplinary Authority (opposite party no.2) and the order passed by the Appellate Authority (opposite party no.1) in rejecting his appeal filed against the order of punishment.

(2.) Bereft of unnecessary details, the facts of the case are that while the petitioner was working as a Junior Clerk in Tangi Sub-Treasury, a proceeding was initiated against him on 28/12/1990 on several charges of misconduct. The petitioner submitted his reply denying the charges but the disciplinary authority decided to conduct an enquiry. Accordingly, an enquiry was conducted, which according to the petitioner was held without adhering to the principles of natural justice. The enquiry officer submitted his report on 24/3/1992 holding the petitioner guilty of the charges. Basing on the said report, the petitioner was visited with the punishment of withholding of the increments without cumulative effect by the disciplinary authority vide order dtd. 31/8/2010, which is enclosed as Annexure-5 to the writ petition. The petitioner preferred an appeal before opposite party no.1 raising several grounds including the ground of non-compliance of the principles of natural justice. The opposite party no.1 however, rejected his appeal by order dtd. 15/11/2012, which is enclosed as Annexue-7 to the writ petition. Challenging the order of the disciplinary authority as well as the rejection of the appeal preferred by the petitioner, he approached the erstwhile Odisha Administrative Tribunal in O.A. No. 4070(C) of 2013, which has since been transferred to this Court and registered as the present writ application.

(3.) A detailed counter affidavit, rejoinder and counter to the rejoinder have been filed by the parties. However, in view of the order proposed to be passed by this Court, it is felt unnecessary to go into the same.