The Court held that an appellate authority order passed by the same officer (Chairman-cum-MD) who conducted the disciplinary proceeding is unsustainable. The matter was remitted to the Board for rehearing of the appeal.
Remitted to the Board for rehearing of the appeal within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.6695 of 2003
This matter involves imposition of punishment by the Chairman-cum-Managing Director, Orissa State Ware Housing Corporation ending on a disciplinary proceeding vide Annexre-5 as well as the order passed by the appellate authority involving the appeal at Annexure-7.
Short question involved in this matter is that as to when the charges are framed by the Managing Director and the disciplinary action has been taken pursuant to a disciplinary proceeding by the Chairman-cum-managing Director, whether the appeal vide Annexure-7 should have been decided by the Chairman? To this serious objection by the learned counsel for the petitioner, a fair statement is made by the learned counsel for the Corporation that the Board is the appellate authority looking to the service condition of the petitioner.
It is in this background of the matter, on perusal of the order vide Annexures-5 & 7, this Court finds, the disciplinary authority and the appellate authority remaining same and the order being passed by one Officer, the Chairman-cum-Managing Director, Orissa State Ware Housing Corporation, the appellate authority’s order at Annexure-7 is not sustainable in the eye of law. But however, considering that the petitioner’s appeal is required to be reheard and disposed of by the Board, the matter is remitted back to the Board for rehearing of the appeal involving the petitioner i.e. the appellant therein
2
and by passing appropriate order therein within a period of three months from the date of communication of a certified copy of this order. Since the petitioner has been retired in the meantime, petitioner may be noticed on the date of hearing of the matter. Since the petitioner has been retired, the petitioner is also directed to furnish the present address of him to the Managing Director of the Orissa State Ware Housing Corporation along with certified copy of this order within at least two weeks hence.
The writ petition stands disposed of with the above direction.
Issue urgent certified copy on proper application.
…….………………… (Biswanath Rath, J.)
Ayas
3
1 issue framed by the court
Whether an appeal against disciplinary action should be decided by the same officer who framed charges and held the inquiry.
1 provisions across 1 enactments
Petitioner
Orissa State Ware Housing Corporation
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
