BALAKRUSHNA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, the Petitioner prays for quashing of Order No. 2878 dated 05.09.1990 passed by Opposite Party No. 3 under Annexure -4, Order No. 11718 dated 18.09.1991 (Annexure 6) and Order No. 16156 dated 25.05.1995(Annexure -7) and for issuing a writ in the nature of mandamus or any other appropriate writ or direction to the Opposite Parties to give him all financial and service benefits taken away by the same.

(2.) THE Petitioner was the Section Officer in the Establishment Branch of the Cuttack Development Authority. While working as such, the Vice -chairman -Opposite Party No. 3 served a draft charge on the Petitioner. In the said draft charge, as many as five charges had been framed against him for serious lapse, gross negligence in duty and lack of supervision. The Petitioner submitted his explanation. After inquiry by Opposite Party No. 3, the disciplinary authority on 05.04.1990 passed an order that charges have been established against the Petitioner and awarded different punishments for different charges. Against the enquiry and order of punishment, the Petitioner preferred an appeal before the Chairman, C.D.A. -cum -Minister, Housing and Urban Development, but the Chairman by Order dated 18.09.1991 affirmed two punishments and set aside the rest two. Against that order, the Petitioner made a representation to the State Government, which was rejected by Opposite Party No. 1.

(3.) AFTER hearing was concluded, this Court directed the Counsel for the Opposite Parties to produce the records of the disciplinary proceeding. In compliance of the above order, record has been produced.