ASHOK KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is aggrieved by nonissue of No Objection Certificate by the authorities required for issuance of passport.

(2.) The petitioner is a doctor working under the State Government and is due to retire on 31/1/2026. His daughter resides in Singapore with her family. The petitioner desired to visit her at Singapore for few days and accordingly submitted online application before the authorities for issuance of passport. In view of the requirement in the application form, the petitioner being a government servant, requested the Additional Chief Secretary to Government, Health and Family Welfare Department, Odisha vide letter dtd. 9/6/2022 for issuance of No Objection Certificate (NOC). Said application was rejected by order dtd. 12/7/2022 on the ground that the petitioner was unauthorizedly absent since 28/9/2013 and three departmental proceedings were pending against him.

(3.) Counter affidavit has been filed by the State (opposite party No.1) stating that while continuing as Specialist in O & G at SDH, Talcher, the petitioner was placed under suspension vide order dtd. 29/2/2012. He was reinstated on 14/8/2013 and posted to DHH, Boudh, where he joined on 24/9/2013 but remained unauthorizedly absent since 28/9/2013 for which a disciplinary proceeding was initiated against him vide Department Memorandum No.10608/H dtd. 1/6/2015, which is pending. Besides, two more departmental proceedings vide Department Memorandum No.19454/H dtd. 26/7/2012 and 6375/H dtd. 3/3/2017 are pending. Though the departmental proceeding vide Memorandum No.19454/H has been dropped, yet the other two departmental proceedings are pending.