STATE OF ORISSA Vs. BASANTA KUMAR MISHRA

JUDGEMENT

(1.) THIS writ application has been filed against the judgment and order dated 4.11.2004 passed by the Central Administrative Tribunal, Cuttack Bench in O.A. No. 220 of 2004 which was filed by the opposite party No. 1, inter alia, praying for setting aside the Disciplinary Proceeding initiated against him on the ground that the same were initiated after four years from the date of the alleged cause of action. The Tribunal allowed the O.A. and quashed the departmental proceedings.

(2.) THE brief facts of the case are that opposite party No. 1 was selected through the Union Public Service Commission in the year 1967 as a Member of Indian Forest Service and was allocated Orissa State Cadre on 1.7.1968. During his service period, he was posted as Managing Director of Orissa Forest Development Corporation Ltd. with effect from 24.10.1996 and continued till 24.8.1999. Thereafter he was transferred to the regular cadre and was superannuated from service on 31.8.2001. After about four years and four months, a memorandum of charges dated 23.12.2003 with a forwarding letter of the Principal Chief Conservator of Forests of Government of Orissa, Bhubaneswa; dated 31.12.2003 was served upon him for the alleged irregularities committed by him during the period between 24.10.1996 and 24.8.1999, during which he had held the post of Managing Director of Orissa Forest Development Corporation Ltd.

(3.) IN view of this, the Tribunal has allowed the O.A. and quashed the impugned charge -sheet dated 23.12.2003. Being aggrieved, the' State has filed the instant writ application.