SUBASH CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER is working as Asst. Director of Seri -Culture. A disciplinary proceeding was initiated against him with regard to certain alleged overt acts said to have been committed by him while he was continuing as Asst. Director, Sericulture, Mayurbhanj. Consequently, a show cause notice was issued and charges were framed in consonance with Rule 15 of the O.C.S. (C.C.A.) Rules, 1962. The petitioner showed cause. The authorities being satisfied that a prima facie case is made out appointed Manoj Kumar Ahuja, I.A.S., the Director of Textiles, as the Enquiring Officer. Thereafter the departmental proceedings continued and the Enquiring Officer on the basis of the materials produced before him gave preliminary report. The petitioner was directed to file his show cause.

(2.) THE grievance of the petitioner was that without serving the enquiry report and other relevant documents, the petitioner was compelled to file his show cause. With the said grievance, he approached the State Administrative Tribunal by filing O.A. No.1209 (C) of 2006. The Tribunal disposed of the said Original Application with the following observation:

(3.) A conscious reading of both the decisions however leads to a conclusion, that, in all cases where enquiry report has not been served are not required to be set aside and only in cases where the petitioner satisfies the Court that due to non -service of the enquiry report grave prejudice has been caused to him, the Court should insist upon service of the enquiry report.