STATE OF ORISSA Vs. SOMANATH DAS AND ORS.

JUDGEMENT

(1.) BY filing this writ petition, State of Orissa, as petitioner, has sought to question legality of the order dated 04.11.2009 of State Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1944(C) of 1998.

(2.) LEARNED Additional Government Advocate submitted that when the original applicant i.e. the present Opp.party No. 1 challenged the punishment awarded by the Disciplinary Authority, before the State Administrative Tribunal by filing O.A. No. 1944 (C) of 1998 on the premises that the order of punishment was vitiated firstly for non -observance of Rules 6 and 7 of the O.C.S. (Pension) Rules, 1992 and, secondly, the punishment was disproportionate to the quantum of offence, the learned Tribunal traversed beyond the issues raised by the Opp. party No. 1 and set aside the impugned order of punishment for which the impugned judgment ought to be set aside.

(3.) ON scanning the impugned order passed by the State Administrative Tribunal, it was observed that even though the Tribunal has taken into consideration several aspects, stress was laid mainly on non -supply of documents to the delinquent -Opp. Party No. 1 during the disciplinary proceeding and ultimately it arrived at the conclusion that the impugned order suffered from non -supply of material documents. It was seen that the Opp. party No. 1 had not in the entire Original Application, raised the issue of non -supply of documents. Tribunal has further observed that the impugned order also suffered on account of not referring to the provisions contained in Rule -7 of the O.C.S. (Pension) Rules, 1992 either in the second show -cause or in the final order of punishment.