DEBI PRASAD MOHANTY Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 21.05.2004 issued under signature of Superintending Engineer, Electrical Circle No. 1, Bhubaneswar whereby and where under the order of punishment of compulsory retirement w.e.f. date of Suspension i.e. w.e.f. 28.01.2003 has been passed on confirmation of departmental proceeding No. 4231/2001 dated 3.11.2001 and 14/2008 dated 18.12.2003.

(2.) Case of the petitioner is that while he was working as Clerk-B (U/S) under the opposite parties, a departmental proceeding was initiated in Proceeding No. 4231 dated 3.11.2001 making allegation of charge of mis-behaviour to the superior officer by using unparliamentary and derogatory language, insubordination, refusal to accept office order, unauthorized absence from duty and misconduct. Another proceeding was initiated in Proceeding No. 4231 dated 3.11.2001 alleging the same nature of allegation. The petitioner has approached this Court at the initial stage of the departmental proceeding, since relevant documents from the authority basis upon which the charges has been framed, has not been supplied to him, which is the mandatory requirement as per the provision 15(2) of O.C.S. (C.C.A.) Rules, 1962.

(3.) Grievance of the petitioner is that the document relevant for putting proper defence of the charges has not been supplied to her. The authorities have proceeded with the departmental proceeding but without supplying the relevant documents specially the complaint of misbehaving with the consumer of the area and the report submitted in this regard by the then S.D.O. of the area and as such it is the contention of the petitioner that he has seriously been prejudiced in the departmental proceeding since he has not been allowed to defend himself properly.