LAWS(ORI)-2022-4-116

DEBABRATA DAS Vs. STATE OF ODISHA

Decided On April 07, 2022
Debabrata Das Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The petitioner, who belongs to Orissa Finance Service-I (Senior Branch) cadre has filed this writ petition seeking to quash the order dtd. 20/6/2011 of the disciplinary authority by imposing penalty of "stoppage of one increment with cumulative effect" vide Anenxure-6, as well as the order dtd. 29/9/2015 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 722 (C) of 2013 vide Annexure-8 dismissing the Original Application.

(2.) The factual matrix of the case, in brief, is that the petitioner, having been selected by the Orissa Public Service Commission, on the requisition of the State Government, joined in Orissa Finance Service Cadre on 20/11/1989 pursuant to the OCS Examination, 1986 as against the vacancy of the year 1989-90. Thereafter, he was promoted to the post of Orissa Finance Service-I (Junior Branch) and also Orissa Finance Service-I (Senior Branch). He was placed at Sl. No.18 of the gradation list of Orissa Finance Service-I (Senior Branch), as on 14/5/2010.

(3.) Mr. Sameer Kumar Das, learned counsel for the petitioner emphatically submitted that the order dtd. 20/6/2011 imposing penalty of "stoppage of one increment with cumulative effect" on the petitioner, is in gross violation of Rule-15 of the OCS (CCA) Rules, 1962, read with non-compliance of the principle of natural justice, and more particularly, violates Rule 15 (10) (ii ) of the OCS (CCA) Rules, 1962.