BISWAJIT PANIGRAHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The above noted Writ Petition has been filed by the Petitioner assailing the order of dismissal dtd. 27/5/2021 under Annexure-7 as well as order dtd. 20/9/2021 under Annexure-8 converting the order of dismissal to one of compulsory retirement from service by the appellate authority. Further, a prayer has also been made to provide an opportunity of hearing before passing any final order against the Petitioner in District Proceeding No.31 of 2020.

(2.) The factual background of the preset case in brief is that the Petitioner joined in Police service on 12/12/1991. While discharging his duties, the Petitioner was promoted to the post of A.S.I. of Police. When the Petitioner was posted at Jharsuguda, on the basis of m allegation, Jharsuguda District Proceeding No.16 of 2016 was initiated against him for violation of norms and conditions contained in Rule 3(b) of Odisha Government Servant's Conduct Rule, 1959. However, the proceeding was concluded finding the Petitioner guilty of misconduct and black marks were awarded vide order dtd. 5/11/2020.

(3.) Prior to the aforesaid Jharsuguda District Proceeding No.16 of 2016 the Petitioner was being proceeded against another Jharsuguda Proceeding No.12 of 2015 on the allegation of negligence and dereliction in his duty. The aforesaid Jharsuguda District Proceeding No.12 of 2015 was terminated by holding the Petitioner guilty of dereliction in duty and accordingly awarded punishment of withholding of increment for a period of six months without cumulative effect equivalent to one black mark vide order dtd. 4/4/2018.