The Supreme Court dismissed a writ petition challenging the discharge of the petitioner from Government service for gross misconduct. The Court found no infirmity in the proceedings or violation of natural justice and affirmed the punishment imposed by the Appeal Committee.
The writ petition is dismissed with no infirmity found in the impugned order.
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O.J.C. No.8135 of 1997
04.03.2016
Heard Mr. P.C.Kar, learned Senior Counsel for the petitioner.
This writ petition has been filed challenging the order dated 4.6.1994 passed by the Dis
trict & Sessions Judge, Mayurbhanj, Baripada in D.P.No. 7 of 1993 discharging the petitioner f
rom Government service for gross misconduct and the order of the Appeal Committee dated 31.8.1
995 confirming the order of discharge.
On perusal of the impugned order, it is seen that the delinquent-petitioner had earlier
faced two Departmental Proceedings for disobedience of the order and unauthorized absence from
duty and in spite of the undertakings given by him, he continued to remain on unauthorized le
ave and also committed act of insubordination and misconduct.
Considering all the aspects of the matter, the Appeal Committee of this Court has come t
o find that there is no infirmity in conducting the Disciplinary Proceeding and there is no vi
olation of the principles of natural justice. Further, taking into account the two other Depar
tmental Proceedings against the delinquent-petitioner, one in which he was warned and the othe
r he was punished, the Appeal Committee found no justification to interfere with the punishmen
t imposed.
Considering the submission, we do not find any infirmity in the impugned order so as to
warrant any interference.
The writ petition is dismissed.
2 issues framed by the court
Whether the impugned order discharging the petitioner from Government service warrants interference in the writ petition?
Whether there is any infirmity in the Disciplinary Proceedings or violation of natural justice?
The Petitioner
The State of Odisha
As recorded by the court registry
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