STATE OF ORISSA Vs. JANMEJAYA PATRA AND ORS

JUDGEMENT

(1.) The petitioner has filed this application challenging the order dated 04.04.2007 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.1456 of 2003, by which the order of punishment imposed against opposite party no.1 has been quashed.

(2.) Nineteen Original Applications, including O.A. No.1456 of 2003, were heard together by the Orissa Administrative Tribunal wherein challenge was made to the order of punishment passed against each of the applicants, after their retirement from service. Opposite party no.1, who was the applicant in O.A. No.1456 of 2003, was served with the order of punishment by the State Government, which was to the effect that loss of amount was to be recovered and adjusted against unutilized leave salary at first stage; balance amount if any be adjusted against gratuity; balance amount after adjustment of gratuity be attached to his monthly pension at the rate not exceeding 1/3rd of pension; and in the event of non-recovery of the full amount of loss sustained by Government by way of aforesaid means, the balance amount would be recovered by filing money suit against the delinquent officer as per rules.

(3.) The factual matrix leading to initiation of proceeding against opposite party no.1 is that he, while continuing as District Inspector of Schools at different places, committed irregularities in giving appointment to some Primary School Teachers under the O.C.S. (Rehabilitation Assistance) Rules, 1990. It was ascertained, on enquiry, that the State Government sustained financial loss by paying salary during the training period to those untrained candidates, who were appointed as Primary School Teachers ignoring the Government orders issued. Therefore, for the purpose of recovery of financial loss, each of the District Inspector of Schools, including opposite party no.1, were directed to refund the amounts that were paid to such Primary School Teachers. That order was passed by the State Government in consultation with the Orissa Public Service Commission. Accordingly, opposite party no.1 filed O.A. No.1456 of 2003 before the Orissa Administrative Tribunal, Bhubaneswar for quashing of such punishment order passed by the authority concerned.