BRAHMANANDA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner Brahmananda Mohanty, a retired Principal of S.C.S. College, Puri, in this writ application, has sought to challenge the order dated 8.12.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 1125 of 2004 dismissing the Petitioner's challenge to an order imposing punishment pursuant to a disciplinary proceeding.

(2.) THE Petitioner retired from Government service as the Principal of S.C.S. College, Puri on 30.4.1999 on reaching the age of superannuation. After fifteen months of retirement a disciplinary proceeding was initiated against the Petitioner on eight number of charges. The said disciplinary proceeding culminated in submission of inquiry report by the Enquiring Officer holding the Petitioner not to be guilty of any of the charges apart from Charge No. 3. In so far as Charge No. 3 is concerned, the Enquiring Officer's finding is quoted herein below:

(3.) BEING aggrieved by the aforesaid order of punishment, the Petitioner filed O.A. No. 1125 of 2004 before the Orissa Administrative Tribunal, Bhubaneswar and the same came to be dismissed by the order dated 8.12.2005 on the ground that the Petitioner as the head of the office, could not absolve himself of the responsibility of proper utilization of funds even though the bill in question was certified by Mr. S. Muduli, Reader in Psychology and Member, Building Committee and Rs. 9,988/ - was drawn by the D.D.O. having been delegated with the power and paid to the firm. Therefore, the Tribunal was of the view that although the Petitioner was the D.D.O. and that the Petitioner had no role in certifying the bill amount nor effecting payment, yet, since the Petitioner lacked supervision and excess payment has been established, the disciplinary authority as well as the appellate authority committed no illegality in punishing the applicant and rejecting his appeal.