Disposed

Bramahananda Dalai v. State of Odisha

Orissa HC26 Apr 2023WP(C)/11964/2023

Case brief

AI extract

What is this about?

The High Court of Orissa held that the impugned order for pecuniary loss recovery is appealable under the OCA(CC&A) Rules, 1962. Consequently, the writ petition was disposed of by granting liberty to the petitioner to file an appeal before the appellate authority within four weeks.

What did the court decide?

Liberty granted to approach appellate authority with four weeks to file appeal; no recovery from salary pending appeal.

Bramahananda Dalai Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.11964 of 2023

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Bramahananda Dalai

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…. Petitioner

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Mr.Susata Sekhar Parida, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.A.Behera, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

26.04.2023

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed with the following prayer:

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“It is therefore humbly prayed that let this Hon’ble Court may graciously be pleased to consider the facts stated above, call for the records and calling upon the Opp. Parties to show cause as to why the Office Order No.DSCWD-PPGPRONG-0004-2023-2805/SC dated 03.04.2023 under Annexure-6 and Order dated 20.09.2022 under Annexure-4 passed by the Opp. Parties shall not be quashed/set aside and if the Opposite Parties fail to show cause or show insufficient cause, after hearing the parties directs the inquiry report dated 28.12.2020 and the order of the Disciplinary Authority is illegal/ultra various and the Office Order No.DSCWD-PPGPRONG-0004-2023-2805/SC dated 03.04.2023 under Annexure-6 and Order dated 20.09.2022 under Annexure-4 passed by the Opp. Parties may kindly be quashed/set aside

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// 2 //

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and allow the writ petition.

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And pass such other order(s)/direction(s) as would be deemed fit and proper in the interest of justice.”

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It is submitted by the learned counsel for the Petitioner that challenging the action of recovery of pecuniary loss to the tune of Rs.2,62,171/-, the Petitioner has approached this Court by filing the present Writ Petition.

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Learned Additional Standing Counsel for the State-Opposite parties on the other hand submitted that the Office order dated 03.04.2023 under Annexure-6 reveals that recovery of pecuniary loss has been imposed as a punishment pursuant to a disciplinary proceeding initiated against the Petitioner. Therefore, final order passed in the Disciplinary Proceeding is an appealable one under OCA(CC&A) Rules, 1962. Accordingly, the Petitioner should approach the appellate authority for variation/modification of the order passed by the Disciplinary authority wherein no relief can be granted in the present Writ Petition. Accordingly, he further submitted that the present Writ Petition is not maintainable.

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Considering the submissions made by the respective parties and on perusal of the documents and the facts involved in the present Writ Petition, this Court is of the considered view that the impugned order dated 03.04.2023 under Annexure-6 is appealable order under OCA(CC&A) Rules, 1962. Accordingly, the present Writ Petition is disposed of by granting liberty to the Petitioner to approach the appellate authority by filing an appeal. In the event an appeal is filed before the appellate authority, the same shall be considered in accordance with law and shall be disposed of as expeditiously as possible.

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Further, it is open for the Petitioner to approach the appellate

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// 3 //

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authority by filing an interim application. In the event such an application is made the appellate authority shall consider the same in accordance with law. Let the appeal be filed within four weeks from today. Till the appeal is presented before the appellate authority, no recovery shall be made from the salary of the Petitioner as has been directed in the impugned order.

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With the aforesaid observation/direction the Writ Petition stands disposed of.

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RKS

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( A.K. Mohapatra )
Judge

Bramahananda Dalai v. State of Odisha

Case brief

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Bramahananda Dalai v. State of Odisha

Case brief

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