BIRA KISHORE DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present Writ Petitions have been filed against the judgment dated 18.3.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 907(C) of 2003. The Tribunal while disposing of the O.A. quashed the order of punishment i.e., dismissal from service of Bira Kishore Das -petitioner in WPC No. 8871 of 2004 and further directed that he shall be deemed to be under Suspension from the date he was relieved from his respective post on issue of the dismissal order and a proceeding under Rule 15 of the Orissa Civil Service (Classification, Control and Appeal) Rules, 1962 (for short 'the Rules') be initiated against him and further ordered that he shall be entitled to subsistence allowance at the prescribed rate from the deemed date of suspension.

(2.) AT the very outset it is necessary to mention here that no departmental proceeding against the delinquent was conducted and the enquiry was dispensed with under Rule 18(ii) of the Rules read with 2nd proviso to Article 311(2) of the Constitution of India.

(3.) THE Additional Secretary had also reported that the staff and lecturers of the College were so much harassed and fear -stricken that they are afraid of further harassment and tearing of the bills, if they give anything further in writing or provide evidence during any enquiry, apprehending organized harassment of the College Teachers by the Government Treasury Staff everywhere in the State.