(1.) Whether a charge sheet can be quashed due to delay in finalization of the disciplinary proceeding is the sole question that hinges for our consideration ?
(2.) The opposite party was a Forester. A departmental proceeding was initiated against him vide the Office Order No.168 dated 31.7.1987 by the Divisional Forest Officer, Titilagarh (KL) Division, Titilagarh-petitioner no.2. He was charged with gross negligence in duty causing loss to the Government to a tune of Rs.34,560/-, suppression of fact and misappropriation leading to loss of Government property to a tune of Rs.34,560/-. Since the disciplinary proceeding was not completed, he approached the Orissa Administrative Tribunal, Bhubaneswar (in short, hereinafter referred to as "the Tribunal) in O.A. No.320 of 2001 to quash the same. By order dated 22.3.2001, the learned Tribunal disposed of the said application with the following observations:-
(3.) Thereafter an application for extension of time was filed by the petitioners, who were respondents therein. As the proceeding was not finalized with the time fixed by the Tribunal, the opposite party filed a contempt proceeding vide C.P.(C) No.194 of 2001. The contempt proceeding was disposed of on 14.1.2004 granting liberty to him to file fresh Original Application.