PRIYARANJAN PATRA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) In the present writ application, the Petitioner Priyaranjan Patra, who is presently working as the Deputy Superintendent of Police. Jajpur, has sought for quashing of the inquiry initiated against him' under Rule -IS of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 vide memorandum No. 20319/SPS, Bhubaneswar dated 19.04.2008.

(2.) Shri Devananda Mishra, learned Sr. Advocate for the Petitioner submits that the Petitioner was placed under suspension by the order dated 29.01.1996 of the D.G. & I.G. of Police for non registration of a case at Nayagarh Town P.S. basing on the supervision note of the Superintendent of Police, Nayagarh in Nayagarh P.S. Case No. 66 of 1994. It is submitted that against the order of suspension, the present Petitioner had filed O.A. No. 9", of 1996 before the Orissa Administrative Tribunal, Bhubaneswar which directed the Petitioner's immediate reinstatement vide the interim order dated 10.4.1996. It appears that the Tribunal ultimately disposed of the O.A. vide the order dated 20.3.2001 noting that the Petitioner had been reinstated pursuant to the interim order of the Tribunal dated 10.4.1996 and since no information was available with the learned Counsel for the applicant or the learned Standing Counsel as to whether any proceeding has been initiated thereafter, the Tribunal directed the disciplinary authority to take a decision as to how the period of suspension of the Petitioner should be treated if no disciplinary proceeding has been initiated in accordance with the provisions of the Service Code.

(3.) To a query from the Court as to why the Petitioner should not be directed to approach the Orissa Administrative Tribunal against the order initiating a departmental inquiry under Annexure -2, Mr. Mishra, learned Counsel for the Petitioner placed reliance upon various decisions of the Supreme Court, in the cases of Tata Engineering & Locomotive Company Ltd. v/s. The Asst. Commissioner of Commercial Taxes and Anr. : AIR 1967 SC 1401; State of Andhra Pradesh and Ors. v/s. Chitra Venkata Rao, AIR 1975 SC 215; Rohtas Industries Ltd. v/s. Rohtas Industries Staff Union and Ors. : AIR 1976 SC 425; v/s. Vellaswamy v/s. Inspector General of Police, Tamil Nadu, Madras and another : AIR 1982 SC 82.