LAWS(ORI)-2008-10-6

SARAT CHANDRA MISHRA Vs. STATE OF ORISSA

Decided On October 31, 2008
SARAT CHANDRA MISHRA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE Petitioner Shri Sarat Chandra Mishra(A) has filed this writ application challenging the order dated 24.8.2006 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2176 of 1989 of 1999, inter alia, on the ground that the departmental proceeding initiated against him after his retirement was not maintainable.

(2.) FROM the facts as pleaded in the writ application it appears that the Petitioner retired from service as Addl. Director of Agriculture on 30.11.1998 and thereafter, on 3.12.1998, a charge sheet was issued against the Petitioner under the Orissa Civil Service (CCA) Rules, 1962.

(3.) MR . Mohapatra, learned Addl. Government Advocate, on the other hand, strenuously supported the impugned order passed by the Tribunal and submitted that the entire defence on behalf of the Petitioner could be presented by him before the Inquiry Officer appointed by the State and it is premature even to consider the submission of the Petitioner for quashing of the proceeding.