ARJUN CHARAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India assailing the order dated 27.11.2013 passed by the Orissa Administrative Tribunal,Cuttack Bench, Cuttack O.A. No.401(C) of 2011 whereby and where under the petitioner has been dismissed from service in exercise of power conferred under Rule 836 of the Orissa Police Rules.

(2.) Brief facts of the case is that the petitioner while working as Cipoy in the Orissa State Armed Police, 7th Battalion, Bhubaneswar w.e.f. 05.04.1985 awarded nine Black Marks during the service period, hence the disciplinary authority initiated a proceeding against him bearing No.30 of 2000 and in exercise of powers conferred under Rule 836 of the Orissa Police Rules petitioner has been dismissed from service.

(3.) Learned counsel representing the petitioner at the outset has submitted that he is not arguing on the merit of the issue, rather he has tried to impress upon the Court regarding the provision of Rule 836 of the Orissa Police Rules that in case of award of nine Black Marks the consequence would be reduction in rank or compulsory retirement or removed or dismissal, in view thereof, it has been submitted that when there is other punishments apart from punishment of dismissal, consideration may be made for reversing the punishment of dismissal to that of punishment of compulsory retirement so that the petitioner may get his pension since he has performed regular duty for period of 17 years.