PROFUL KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE instant writ petition has been filed against the impugned order dated 8.5.2006 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No.1024(C) of 2006 on the interim matter, denying to grant stay on the Government order dated 7.4.2006 deciding to review the punishment order passed against the petitioner and the impugned order of suspension dated 22.4.2006 in pursuance of the said Government order on the ground that he same has been given effect to from the date of its communication.

(2.) THE brief facts of the case are that consequent upon the disciplinary proceedings, a charge sheet was submitted against the petitioner on 27.11.2004. After submission of the show cause by him, he was reinstated vide order dated 1.12.2004 pending finalisation of the departmental proceedings by order of the Disciplinary Authority/District Registrar, Gajapati which is reproduced as under : "Office of the District Registrar, Gajapati, Paralakhemundi No. ........../Regn., dated /XII/2004 OFFICE ORDER Pending finalisation of the Departmental Proceeding initiated under Rule 15 of O.C.S. (C.C.& A) rules, 1962 against Shri Proful Kumar Das, Head Clerk (under suspension) vide this office order 674 dated 5 -XI -2004 is hereby re -instated in service with immediate effect. Sd/ - District Registrar Gajapati Memo No.726(2)/ Regn., dated 1 -XII -2004. Copy to District Sub -Registrar, Gajapati, Paralakhemundi for information and necessary action. Copy to person concerned. District Registrar Gajapati. Memo No........./ -Regn., dated - XII -2004 Copy submitted to the Inspector General of Registration, Orissa, Cuttack for favour of kind information. Sd/ - District Registrar Gajapati."

(3.) IN the year 2006, all of a sudden the Deputy Secretary to Government in Revenue Department sent a letter to the Addl. District Magistrate -cum -D.R., Gajapati in which it was mentioned that the reviewing authority under Rule 31 of the O.C.S. (CCA) Rules, 1962 have desired to review the proceeding drawn up against the petitioner with the request to furnish the entire proceedings/records/documents to the Government for the purpose. Further in that letter it was also directed that the petitioner be placed under suspension fixing his head quarter at a far off place in the district so that he may not tamper with the document or can gain over the witnesses.