Partly allowed

Budheswar Bal v. State

Orissa HC2 Nov 2020OJC/1719/2002

Case brief

AI extract

What is this about?

The petitioner challenged a salary recovery order allegedly passed without natural justice while a disciplinary proceeding was pending. The Court held the recovery order unsustainable due to lack of procedural fairness, stayed it, and directed the petitioner to cooperate in the ongoing departmental inquiry.

What did the court decide?

Order quashed, stay imposed on Annexure-1; directed cooperation in pending disciplinary proceeding.

Budheswar Bal Vs State — Pension and Retirement Benefits | Orissa HC (2020)

¶1

O.J.C. No.1719 of 2002

¶2

2.11.2020 This matter is taken up through Video Conferencing. Nobody joins on behalf of the petitioner through Video Conferencing. However, Mr. S.K. Pattanaik, learned Senior Advocate appears on behalf of the opposite party nos.2 & 3 through Video Conferencing.

¶3

This Writ Petition involves the following prayer:

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“It is, therefore, prayed that this Hon’ble Court would graciously be pleased to admit the writ petition call for the relevant records issue Rule NISI calling upon the Opp. Parties to show cause as to why the order dtd.19.1.2001 passed by the O.P.No.3 directing recovery of Rs.2000/- from the salary of the petitioner every month till making good the alleged loss, impugned herein vide Annexure- be not quashed and if the Opp.Parties fail to show cause or show insufficient cause the said Rule be made absolute.

¶5

And may please to quash the order dtd.19.1.2002 passed by the O.P.No.3 directing recovery of Rs.2000/- from the salary of the petitioner every month till making good the alleged loss impugned herein vide Annexure- by issuing a writ in the nature of certiorari.

¶6

And may further be pleased to direct the authorities to give reasonable opportunity of being heard before imposing/ determining any punishment if at all due in accordance with the codified Rule by issuing a writ in the nature of mandamus,

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And may issue any other writ (s) / order (s)/ direction (s) deem fit and proper under the facts and circumstances of the case.”

¶8

Ayas

¶9

Taking into account the document vide Annexure-1 and the allegations involved herein, it appears, there has been an assessment alleged to have been made without following natural justice.

¶10

In his opposition, Mr. S.K. Pattanaik, learned Senior Advocate taking this Court to the document at Annexure-E submits that involving same issue there is already a disciplinary proceeding initiated as against the petitioner-Budheswar Bal and basing on the final outcome in the Departmental Proceeding, appropriate action in the matter of realization can be undertaken.

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Considering the above, this Court finds, the order vide

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¶13

Annexure-1 is not sustainable in the eye of law for the time being. In the process while disposing of this Writ Petition this Court directs for stay of operation of the order vide Annexure-1 for the time being and since the disciplinary proceeding involving the petitioner is already initiated, petitioner may approach the Disciplinary Authority and take the date of further hearing involving the disciplinary proceeding and shall co-operate the Disciplinary Authority in completing the proceeding as expeditiously as possible preferably within a period of six months. Effect of Annexure-1 shall ultimately be bound by the ultimate outcome in the Departmental proceeding.

¶14

Petitioner may utilize the soft copy of the order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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…..….…………………

¶16

(Biswanath Rath, J.)

Budheswar Bal v. State

Case brief

What is this about?

What did the court decide?

Budheswar Bal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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