NRUSINGHA CHARAN MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the instant writ petition, the petitioner challenges the order dated 05.05.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 458 (C) of 1998 under Annexure -2 as well as the order of his dismissal from service passed by opposite party No.1 under Annexure -12.

(2.) THE case of the petitioner is that he was serving as an Assistant Engineer (Electrical) in the erstwhile Electricity Board on deputation from the State Government. Two departmental proceedings were initiated against him numbered as 590 dated 07.06.1993 and 1374 dated 27.10.1993. In both the proceedings, there were allegations of misappropriation, misleading the authority by giving false information, negligence of duty and lack of maintenance of records. A common inquiry in both the proceedings was conducted by the Superintending Engineer, who found the petitioner guilty of some of the charges and recommended for his dismissal from service. The Government in consultation with the OPSC accepted the recommendation made by the Inquiry Officer and passed the order of dismissal of the petitioner from service under Annexure -12. Challenging the said order, the petitioner filed O.A. No. 458(C) of 1998 before the Orissa Administrative Tribunal. The opposite parties filed their reply stating therein that no illegality was committed by the authorities and that all the procedures under Rule 15 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 were followed before passing the order of dismissal of the petitioner from service. After hearing the parties, the Tribunal by its order dated 05.05.2004 observed that it would not be proper on its part to interfere with the order of punishment, but the case can only be remitted to the authorities to reconsider the case of the petitioner on the question of punishment. Accordingly, the Tribunal remitted the case to opposite party No. 1 to reconsider the case of the petitioner only on the question of punishment and directed to pass appropriate orders within four months. Against that order, the petitioner has preferred the present writ application.

(3.) RULE 19 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 lays down provisions regarding Officers lent to the Union or other State Government. As per the said provision, it is the duty of the borrowing authority to intimate the lending authority with regard to commencement of the disciplinary proceeding and also to obtain concurrence from the lending authority before imposing penalties.