RUSHI GUMAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE moot question which arises for consideration in the present writ petition, is that when the Inquiring Officer, during the course of disciplinary proceeding comes to a conclusion that all the charges alleging misconduct against a Government official are not proved then can the Disciplinary Authority differ from that and give a contrary finding without affording an opportunity of hearing to the delinquent officer.

(2.) THE brief facts of the case is that while the petitioner was working as Soil Conservation Officer, Puri, he was transferred and his services were placed under Orissa State Cashew Development Corporation for posting as General Manager (Technical). Subsequently, vide Office Order dated 12.06.1998, the petitioner was posted as Principal, Soil Conservation Training Institute, Koraput. On the same date i.e., 12.06.1998 the Commissioner -cum -Secretary to Government, Agriculture Department issued Office Order under Rule 12(1)(a) of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (CCA Rules for short) placing the petitioner under suspension with immediate effect in contemplation of disciplinary proceeding.

(3.) PURSUANT to the appointment of Commissioner for Departmental inquiries as Inquiring Officer, the enquiry was initiated against the petitioner vide CDI Case No. 17 of 1999 on the charges that the petitioner during his incumbency as Soil Conservation Officer, Puri, committed acts of omissions and commissions for which following charges were framed against him.