SUKADEV BEHERA Vs. M.D., OFDC LTD

JUDGEMENT

(1.) HEARD Mr. B. K. Kar, learned counsel for the petitioner and learned counsel for the opp.parties. The petitioner has filed this writ application with a prayer to quash the office order dated 22.7.2003 issued by the Divisional Manager, Orissa Forest Development Corporation Ltd., Jeypore (C. KL) Division vide Annexure -2, initiating disciplinary proceeding against him on certain alleged irregularities committed while working in different posts in the Corporation. The disciplinary proceeding was initiated on 12.7.2003, after the petitioner retired from service on attaining the age of superannuation on 31.3.1999. The said disciplinary proceeding was started on 22.7.2003.

(2.) THE undisputed facts are as follows : (1) The petitioner is governed by "The Orissa Forest Corporation Service Rules, 1986". (2) No proceeding was initiated during the tenure of his service. (3) The Rules 1986 underwent an amendment in the year 2004 (29.1.2004) incorporating a new Rule as Rule -123 -A. (4) There was no provision before the amendment of the said Rules for initiation of any disciplinary proceeding against the employees after their superannuation. The provisions of Rule 123 are as follows :

(3.) THAT apart, the amendment of the Rules being prospective, cannot take away the rights already accrued to the petitioner by virtue of the Rules that existed on the date of his superannuation. So, the Rules amended and incorporated on 23rd February, 2004 were no way applicable to the case of the petitioner and as there was no provision in the pre -amended Rules to initiate such a proceeding, the proceeding that has been initiated against the petitioner vide Annexure -2 cannot be said to be legal. Accordingly, Annexure -2 is quashed and the writ application is allowed.