Mayadhar Biswal vs State Of Orissa And Others

Arindam Sinha, J

Mr. Lenka, learned advocate appears on behalf of petitioner and submits, his client retired as Revenue Supervisor. Odisha Administrative Tribunal by order dated 18th August, 2017 (his client's case) directed that the disciplinary proceeding, then continuing against his client, be concluded as expeditiously as possible within a period of four months from date of receipt of copy of the order, failing which the proceeding shall be deemed to have been dropped and petitioner entitled to all consequential benefits. Liberty was granted to the authority to seek, inter alia, extension of time.

He refers to order dated 5th April, 2018 passed by the Tribunal pronouncing that the disciplinary proceeding is deemed to have been dropped. Text of said order is reproduced below:-

"Heard learned counsel for the applicant and learned Govt. Advocate.

In view of the order passed on 18.08.2017 the disciplinary proceeding is to be disposed of within a period of four months failing which it is deemed to have been dropped, but no action has been taken by the respondent authorities to dispose of the disciplinary proceeding within the stipulated time period, for which the proceeding is deemed to have been dropped and the applicant is entitled to get consequential benefits as due and admissible.

M.P. filed by State/respondent is accordingly disposed of.

Send copies."

Mr. Panigrahi, learned advocate appears on behalf of opposite party and submits, the proceeding was concluded thereafter upon participation of petitioner. He prays for adjournment to produce the file.

List on 6th December, 2021.

....................................