ASHOK KUMAR TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner filed this writ petition challenging the judgment and order dated 16.8.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dismissing O.A. No.973 (C) of 2005 filed by him against the impugned order of punishment of reduction in rank to the post of Deputy Superintendent of Excise.

(2.) THE case of the petitioner, in brief, is that he was initially appointed as Inspector of Excise on 29.10.1976. Thereafter, in the year 1992 he was posted at Cuttack as Deputy Superintendent of Excise against a newly created post. No specific duty was assigned to him and, therefore, he had to work as per the instruction of the Superintendent of Excise, Cuttack. However, in paragraph 23 of the Boards Instructions, the general duties of all officers of Excise Department have been prescribed as under :

(3.) FEELING aggrieved, the petitioner filed O.A. No.1640 of 1992 before the Orissa Administrative Tribunal in which a stay of the suspension order was granted. Against the said order, a S.L.P. was filed by the opposite parties before Honble Supreme Court, which was dismissed. As a result, the petitioner continued to discharge his duties as Deputy Superintendent and thereafter as officiating Superintendent. Thereafter, on 7.9.1992 the State Government initiated a disciplinary proceeding against the petitioner and the charges framed against him were as follows :