LAXMIDHAR SETH Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER , as an applicant, filed O.A. No. 2182(c)/2008, before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, seeking quashing the order passed by the Commissioner -Cum -Secretary to Government Fisheries & ARD Department, rejecting the representation filed by the Petitioner & issuance of a direction to the State of Orissa and Ors. to extend the compassionate allowance in his favour.

(2.) THE scenario of tacts reveal that the Petitioner was serving as an attendant attached to the Live -stock Aid Centre at. Kanasara in Deogarh Sub -division of Sambalpur District. A disciplinary proceeding was initiated against him on the charges of disobedience of orders, negligence of duty, unauthorized absence from the station & certain acts of misbehaviour against V.A.S., Deogarh. Subsequently, it is alleged that the Petitioner threatened to murder the SDVO, Deogarh & an additional charge was framed to that effect. During pendency of the Departmental Proceeding by order dtd. 1.8.1994 he was placed under suspension. While matter stood thus, it is alleged that on 2.8.1984 the Petitioner forcibly entered into the office of SDVO, Deogarh, being armed with a piece of stone & threatened to assault him by hurling abusive language.

(3.) WHILE matters stood thus, the Petitioner approached this Court in OJC No. 477/1986 with a prayer to quash the Disciplinary Enquiry. On promulgation of the Administrative Tribunal Act, the Writ Petition was transferred to the Orissa Administrative Tribunal & was registered as Transfer Application No. 339/87. The Tribunal by a reasoned order dtd. 29.6.1989 dismissed the Original Application & directed that the subsistence allowance admissible to the Petitioner should be paid within 3 months & the disciplinary proceedings should be disposed of as expeditiously as possible.