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Judgment
SUDHI RANJAN MISHRA, MEMBER (J):
In short, we only need to say that vide Memorandum dated 05.12.2022, departmental proceedings under Rule 14 of CCS (CC&A) Rules, 1965 was initiated against the applicant alleging his unauthorized absence from duty for the period from 03.08.2021 to 15.08.2021. Subsequently, charge sheet dated 05.12.2022 was withdrawn vide order dated 22.04.2024, reserving right by the authority to issue charge sheet afresh. Thereafter, vide Memo No. 1/2024 dated 27.06.2024, a fresh charge sheet under Rule 14 of CCS (CC&A) Rules, 1965 was issued to the him. Applicant submitted his defence, whereupon IO & PO were appointed vide order dated 18.07.2024. The Applicant has filed this Original Application seeking to quash the fresh charge Memo No. 1/2024 dated 27.06.2024, orders of appointment of IO and PO dated 18.07.2024, and, to direct the Respondents to pay him all his service and financial benefits retrospectively.
Respondents filed their counter opposing and contesting the case of the applicant. The applicant has also filed rejoinder.
After hearing the respective parties, the matter was reserved for final order.
Learned Counsel appearing for the Applicant filed a Memo dated 12.10.2026, after serving copy thereof on the other side, enclosing thereto a copy of the final order No. GADT/VIG/MISC/97/2022-P&V/O/o COMMR-CGST-ADT-BHUBANESWAR dated 08.10.2026 passed by the Disciplinary Authority exonerating him from the allegation; which was subject of the disciplinary proceedings, vide Charge Memo No. 1/2024 dated 27.06.2024. The said Memo is kept on record.
In view of the order No. GADT/VIG/MISC/97/2022-P&V/O/o COMMR-CGST-ADT-BHUBANESWAR dated 08.10.2026 filed by the learned Counsel for the Applicant, there remains nothing further to be adjudicated in this OA and as per the law laid down by the Hon’ble Apex Court in the case of Union Of India Etc. Etc vs K.V. Jankiraman, 1991 AIR 2010, the applicant is entitled to all service and financial benefits, if any, withheld due to initiation of the disciplinary proceedings against him vide Charge Memo No. 1/2024 dated 27.06.2024.
Resultantly, this OA is allowed with direction to the Respondents to grant the applicant all his service and financial benefits, if any, withheld due to initiation of the disciplinary proceedings vide Charge Memo No.1/2024 dated 27.06.2024, within a period of 60 (sixty) days from the date of receipt of a copy of this order.
There shall be no order as to costs.