Rajendra Kumar Nayak vs State Of Odisha & Ors

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

The petitioner has approached this Court seeking the following relief:

“It is therefore humbly prayed that this Hon’ble Court be graciously pleased to admit the writ petition, call for the records and after hearing the parties pleased to allow the writ petition and to quash the Departmental Proceeding vide D.P. No. 17-Engg-05-4067/4708/PR, dtd.19.07.2011 and direct release of final pension, gratuity, and other retirement benefits as due and admissible within a stipulated period with interest;

And to pass such order/orders, direction/directions and/or to issue such other writ/writs as would have given complete relief to the petitioner.”

It is his case that while he was working as Asst. Engineer in the Sadar Block, Bolangir he was served with a memorandum dated 19.07.2011 containing certain allegations of gross financial irregularities and other misconduct. He sought for some documents in order to submit his show case reply on multiple occasions. It is his further case that despite such requests, the relevant documents were not supplied to him. Nevertheless, he submitted his written statement of defence to the Commissioner-cum-Secretary –cum-Disciplinary Authority, Department of Panchayatiraj on 21.10.2017.Despite submission of the written statement of defence, the disciplinary proceeding was not taken forward to its logical conclusion. As such, the petitioner approached this Court seeking quashment of the Departmental Proceeding mainly on the ground of delay and for direction to release the final pension and non-supply of gratuity and other retiral benefits. It is also submitted that non-supply of the relevant documents vitiates the proceeding.

In course of hearing, it is brought to notice of this Court that by a notice dated 31.08.2023, the Inquiring Officer has fixed the date of the proceeding to 14.09.2023 for hearing and for adducing evidence and has called upon the petitioner- delinquent to appear on that date.

Since the proceeding has already been fixed for hearing, this Court is not inclined to interfere at this stage. It would be in the interest of justice if the proceeding is taken to its logical end. However, considering the fact that the proceeding is of the year 2011 and there has already been considerable delay on the part of the disciplinary authority to conclude the proceeding, the writ petition is disposed of directing the concerned authorities to take all possible steps to conclude the disciplinary proceeding as early as possible, preferably within a period of two months. Since the petitioner has retired in the meantime, it goes without saying that if he is exonerated in the disciplinary proceeding all financial and service benefits including his retrial benefits should be disbursed without any further delay.

Issue urgent certified copy as per Rules in course of the day.

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