AI Structured Summary
Not yet generated for this judgment
Judgment
I.A. No.1870 Of 2020
For the reasons stated therein, the delay in filing the present writ appeal is hereby condoned.
The application for condonation of delay is allowed.
W.A. No.815 of 2020
Notice. Mr. Manoj Kumar Mohanty, learned counsel appears and accepts notice on behalf of the Respondent. With the consent of the parties, the writ appeal is heard finally.
It is seen that the Respondent had filed W.P.(C) No.16417 of 2019 challenging the continuance of disciplinary proceedings initiated by a Memorandum dated 24th September, 2014 on the ground that it could not have continued after his superannuation.
On the very first date of hearing of the aforementioned writ petition, the learned Single Judge appears to have accepted this proposition without examining the Rule-7 of the Orissa Civil Services (Pension) Rules, 1992 which deals with situations of continuation of disciplinary enquiry after superannuation.
Although Mr. Manoj Kumar Mohanty, learned counsel appearing for the Respondent/Writ Petitioner sought contend that the enquiry could have continued only if there is any allegation of pecuniary loss caused to the Government by the Respondent and that there is no such allegation in the present case, the Court finds that since the writ petition was disposed of on the very first date without giving any opportunity to the present Appellant to even file a counter affidavit, there was no occasion for the learned Single Judge to even examine such a contention.
On that short ground, therefore, the impugned order dated 29th January, 2020 passed in W.P.(C) No.16417 of 2019 of the learned Single Judge is hereby set aside and the said writ petition is directed to be listed before the Roster Bench of the learned Single Judge on 5th July, 2023.
The present Appellant will file its para-wise reply to the writ petition not later than 27th June, 2023 and the Respondent, i.e., the writ petitioner will file a rejoinder, if any thereto, be filed on or before 5th July, 2023. It is made clear that no further time will be granted to either party for that purpose. The learned Single Judge in the Roster Bench is requested to proceed with the matter on merits and endeavour to dispose it of as expeditiously as possible. The Court clarifies that it has not expressed any view on any of the contentions of the parties.
The writ appeal is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
.…………………………