BANKIM CHANDRA PATTANAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Mode.

(2.) Beseeching to show indulgence in the Memorandum of Charge vide No.2779-9v(P)-20/2012/FARD, dtd. 7/3/2014 issued by the Commissioner-cum-Secretary to the Government of Odisha in Fisheries and ARD Department (Annexure-7) and the Office Order bearing No.10492-9v(P) 28/2011/FARD, dtd. 4/9/2017 (Annexure-15) of the Government of Odisha in Fisheries and ARD Department imposing punishment for commission of alleged irregularities during the incumbency as CDVO, Angul, the petitioner approached learned Odisha Administrative Tribunal, Bhubaneswar invoking provisions of Sec. 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.1783 of 2017.

(3.) It is alleged by Mr. Siba Prasad Pati, the learned counsel for the petitioner that at no stage of the Disciplinary Proceeding the petitioner was served with copy of the enquiry report, which goes to the root of the matter. He, therefore, urged that as a result of such non-service, flagrant violation of principles of natural justice having been occurred, the consequential result of the Disciplinary Proceeding also cannot be sustained.