GAUR KISHOR PANDA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner, by means of this writ application, seeks to quash the order dated 26.02.2003 passed by the disciplinary authority to recover an amount of Rs.35,831/- from the petitioner in 72 installments i.e. 71 instalments @ Rs.500/- and the last instalment is Rs.331/- towards shortage of 581 Qtls of firewood, 1544 Pcs. of Long Bamboo and 47.20 Cft of Sawn sizes, which was confirmed in appeal by the appellate authority on 17.04.2004 and communicated to the petitioner in Annexure-1, on the pretext that the appellate authority has not complied the principle of natural justice.

(2.) The factual matrix of the case, in hand, is that the petitioner was working as Field Assistant in the Orissa Forest Development Corporation Ltd. since 05.08.1987. When he was in-charge of a sale depot of Phulbani Retail Centre from 23.12.1992 to 03.11.1995, he intimated in his representation regarding possibility of wastage of the stock i.e., due to nonsale, white-ant affect, water shedding and very old stock under open air etc. The petitioner had no idea about managing sales, accounts and stocks in a depot and as such his posting was out of job chart. The opposite party no.3 had passed the shortage in the name of the petitioner, although shortage was due to various real causes, which were being duly admitted by the verification squad on 17.08.1993. Subsequently, an explanation was called for, charge framed, enquiry conducted, second show cause was called for, final order was passed without supplying any relevant documents in connection with the charges. Consequently, the disciplinary authority imposed the following penalty:-

(3.) Mr. Umakanta Sahoo, learned counsel for the petitioner strenuously urged before this Court that though the appeal was preferred by the petitioner against the order passed by the disciplinary authority directing recovery of an amount, but the same has been dismissed without giving any opportunity of hearing to the petitioner, thereby, there is gross violation of the principle of natural justice. It is further contended that the matter should be remitted back to the appellate authority to be reconsidered afresh by affording opportunity of hearing in compliance of principle of natural justice.