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Judgment
SUDHI RANJAN MISHRA, MEMBER (J):
To put it simple, the prayer of Applicant in this Original Application is to direct the Respondents to release his salary for the period from 03.08.2021 to 15.08.2022 by sanctioning leave applied for by him and to fix his pay in the cadre of Assistant Commissioner and grant him all his arrears with interest.
Respondents filed their counter contesting and objecting the prayer of the applicant. The Applicant has also filed rejoinder.
We find that, on the allegation of applicant’s unauthorized absence from 03.08.2021 to 15.08.2022, disciplinary proceedings under Rule 14 of CCS (CC&A) Rules, 1965 were initiated against him vide Charge Memo No. 1/2024 dated 27.06.2024. The matter was heard and was reserved for orders. After the closure of the hearing, Learned Counsel appearing for the Applicant filed a Memo dated 12.10.2026, after serving a 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 learned Counsel for the Applicant, there remains nothing further to be adjudicated in this OA. Hence, this OA is disposed of with direction to the Respondents to regularize the period of the applicant from 03.08.2021 to 15.08.2022 by granting him leave, as due and admissible, and paying him the leave salary for the above period, as per his entitlement as per Rule and Law within a period of 30 (thirty) days from the date of receipt of a copy of this order.
Since the non-payment of salary was due to initiation of disciplinary proceedings, we are not inclined to grant any interest as prayed for by him but we make it clear that unless the entire payment is released within the stipulated period, stated above, the applicant shall be entitled to 8% interest on the arrears which shall be recoverable from the official(s)/Officer(s) responsible for the delay.
In the result, this OA stands allowed to the extent stated above. There shall be no order as to costs.