DHRUBA SUNA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order dated 9.2.2015 under Annexure-11 whereby he has suffered the punishment of "removal from Government service" and order dated 13.2.2015 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 448(C) of 2015 under Annexure-12 to the extent it refuses the interim prayer of the petitioner to stay operation of order under Annexure-11. The case of the petitioner is that the petitioner was appointed as VLW on 14.2.1986 and as GPEO on 26.5.1989 by the then Collector, Bolangir. While working there, he was appointed as ABDO on 13.1.2005 under Raikia Block of Kandhamal district by way of promotion. While working as ABDO in Patnagarh Block, the Collector, Bolangir posted him as BDO-in-Charge of Belpada Block under Patngarh Sub-Division in the district of Bolangir. While working there, he was roped in a trap case on 9.9.2008 vide Sambalpur Vigilance P.S. Case No. 49 of 2008 and pursuant to such case, he was put under suspension by opposite party No. 2 - Director of Panchayati Raj vide order dated 20.9.2008 (Annexure-1). On 19.2.2009 vide Annexure-2, the petitioner was reinstated as ADBO-cum-Accounts Officer in Firingia Block of Kandhamal district. Thereafter, while working as ABDO under Paikamal Block in the district of Bargarh, the learned Special Judge (Vigilance), Bolangir vide his judgment dated 27.9.2014 passed in CTR No. 3 of 2009 (arising out of Sambalpur Vigilance Case No. 49 of 2008) held the petitioner guilty under Sections 7 & 13(2) read with Section 13(1)(d) of the P.C. Act and convicted him. The petitioner was sentenced to undergo R.I. for one year and to pay fine of Rs. 5,000/-, in default, to undergo R.I. for two months under Section-7 of the P.C. Act and to undergo R.I. for two years and to pay fine of Rs. 5,000/-, in default to undergo R.I. for two months under Section 13(2) read with Section 13(1)(d) of the P.C. Act. Learned Special Judge (Vigilance) directed that both the sentences to run concurrently. Being aggrieved by the aforesaid judgment dated 27.9.2014 passed by the learned Special Judge (Vigilance), Sambalpur in C.T.R. No. 3 of 2009, the petitioner preferred Criminal Appeal before this Court styled as CRLA No. 536 of 2014. In the said Criminal Appeal, the petitioner filed two Misc. Cases - One Misc. Case for stay realization of fine as directed in the above noted judgment dated 27.9.2014 and another for suspension of sentence/grant of bail. On 20.10.2014, this Court was pleased to admit the appeal, called for the LCR and directed stay realization of fine and also directed that the petitioner to be released on bail till disposal of the Criminal Appeal.

(2.) The petitioner submitted the aforesaid order of this Court before opposite party No. 1 vide representation dated 22.10.2014 (Annexure-5 Series) and prayed that no action should be taken against him. Since during pendency of the above representation, opposite party No. 2 made a move to take disciplinary action against the petitioner on the basis of his conviction, the petitioner filed O.A. No. 3391(C) of 2014 before the learned Tribunal with a prayer that opposite party Nos. 1 and 2 therein be directed not to inflict any penalty on the petitioner on the basis of his conviction during pendency of Criminal Appeal No. 536 of 2014 without following the principles of natural justice and fair play. In the said O.A., the petitioner also prayed for disposal of his representation dated 22.10.2014 under Annexure-5 Series. In that case, the learned Tribunal was pleased to "Issue notice on admission" on 13.11.2014 under Annexure-6. During pendency of O.A. No. 3391(C) of 2014, opposite party No. 2 issued show-cause notice on 29.12.2014 (Annexure-7) directing the petitioner to file reply on proposed penalty of removal from Government service. Being aggrieved by the aforesaid show-cause notice dated 29.12.2014, the petitioner filed O.A. No. 132(C) of 2015 before the learned Tribunal. Since during pendency of O.A. No. 132(C) of 2015, the time limit allowed to the petitioner under Annexure-7 dated 29.12.2014 was going to expire, he filed show-cause reply on 16.1.2015 vide Annexure-8. On 6.2.2015, O.A. No. 132(C) of 2015 was taken up for adjudication and on that date, the learned Tribunal was pleased to "Issue notice on admission". Vide representation dated 10.2.2015 (Annexure-10), the petitioner submitted the above noted order dated 6.2.2015 before opposite party Nos. 1 and 2 requesting them not to take up disciplinary action against him during pendency of his cases before this Court and before the learned Tribunal. In the meantime, on 9.2.2015, the order under Annexure-11 was issued removing the petitioner from Government service. Being aggrieved by the aforesaid order of penalty under Annexure-11, the petitioner moved the learned Tribunal in O.A. No. 448(C) of 2015. On 13.2.2015, the learned Tribunal was pleased to "Issue notice on admission". However, it refused to pass any interim relief as the order of conviction has not been set aside and no interim orders have been passed in earlier two Original Applications. This order has been filed as Annexure-12. As indicated earlier, challenging the order of removal from Government service under Annexure-11 and challenging the refusal of prayer for interim relief under Annexure-12, the present writ application has been filed.

(3.) Heard Mr. S.K. Swain, learned counsel for the petitioner and Mr. J. Patnaik, learned Additional Government Advocate for the State.