KAILASH CHANDRA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by means of this writ application, craves the following reliefs:

(2.) The factual matrix of the case, in hand, is that the petitioner had entered into service as a Lower Division Clerk on 25.11.1975. His appointment was approved by the competent authority on 17.09.1987 as a Junior Clerk. On 04.08.1994, he was placed under suspension pending contemplation of initiation of disciplinary proceeding on the allegation of misappropriation and misconduct. The opposite party no.3 Governing Body of Kendrapara Autonomous College, Kendrapara simultaneously lodged FIR against the petitioner on 04.08.1994 in Kendrapara P.S., pursuant to which G.R. Case No. 788 of 1994 under Sections 477(A)/408/34 I.P.C. was registered in the Court of learned S.D.J.M., Kendrapara. Consequentially, both departmental proceeding and criminal proceeding were initiated against the petitioner on the selfsame facts. Challenging the order of suspension dated 04.08.1994, the petitioner had approached this Court by filing OJC No. 7691 of 1995. During pendency of the said case, the order of suspension dated 04.08.1994 was revoked by opposite party no.3 and vide order dated 27.06.1996 the petitioner was reinstated in service. Consequentially, the writ petition bearing OJC No. 7691 of 1995 became infructuous and was disposed of as such on 22.01.2003.

(3.) Mr. S.N. Sahoo, learned counsel for the petitioner contended that since there is delay in disposal of the disciplinary proceeding initiated against the petitioner, in which no charge sheet has been submitted as yet, therefore, the so called disciplinary proceeding, which is said to be continuing since more than 18 years, should be dropped/ quashed and the petitioner should be granted the revised scale of pay as per Orissa Revised Scale of Pay Rules, 1998 and Orissa Revised Scale of Pay Rules, 2008 with all annual increments as due and admissible from 1994 onwards. As the petitioner is entitled to get pension, his entire period of service should be regularized for release of the post retirement benefits and for sanction of the pension.