Orissa High Court
Dambarudhar Panda vs Union Of India And Others on 9 June, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15154 of 2018
Dambarudhar Panda .... Petitioner
Mr. S. P. Dhal, Advocate
-versus-
Union of India and others .... Opposite Parties
None
CORAM:
THE CHIEF JUSTICE
JUSTICE K. R. MOHAPATRA
ORDER
09.06.2021
Order No.
04. 1. This matter is taken up by video conferencing mode.
2. The Petitioner is aggrieved by a letter issued by the Opposite
Party No.5-Deputy General Manager, (Mtce), Eastern Telecom
Region, Bhubaneswar on 4th July 2018, asking him to return 50% of
the provisional pension already received.
3. The prayer in the present petition is that a direction may be issued
to Bharat Sanchar Nigam Limited (BSNL) (Opposite Parties) to
release his provisional pension including arrears till a decision is
taken by this Court in Criminal Appeal No.281 of 2009.
4. It appears that the above letter was issued pursuant to the
observations of the Central Administrative Tribunal (CAT), Cuttack
Bench, Cuttack in its order dated 20th March 2017, in O.A.
No.260/00208/2011. It further appears that in the said O.A. the
Petitioner assailed an order of punishment dated 14th February, 2011
in the disciplinary proceedings whereby 50% of the Petitioner's
monthly pension was asked to be withheld for ten years. While
dismissing the said OA, an observation was made by the CAT that
since Criminal Appeal No.281 of 2009 filed by the Petitioner
challenging his conviction by the Special Judge, CBI, Bhubaneswar
under Section 13 (2) of the Prevention of Corruption Act by an
judgment dated 5th June, 2009 was pending in this Court, it would be
open to the Petitioner to seek "any relief on the basis of the decision
taken by the Hon'ble High Court of Odisha in the pending appeal,
after the matter is decided."
5. According to learned counsel for the Petitioner, as a result of the
above observation, he is unable to again approach the CAT against
the impugned letter dated 4th July, 2018.
6. Having accepted the decision dated 20th March, 2017 of the CAT,
since the Petitioner has not challenged it, the impugned letter dated
4th July 2018, is only consequential thereto. In terms of the order
dated 20th March 2017 of the CAT, the Petitioner will have to await
the disposal of Criminal Appeal No.281 of 2009 by this Court to
seek any relief as regards the withholding of 50% of his monthly
pension.
7. Consequently, the Court sees no merit in the present petition and
it is dismissed as such.
8. As the restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout of the
order available in the High Court's website, at par with certified copy,
subject to attestation by the concerned advocate, in the manner
prescribed vide Court's Notice No.4587, dated 25th March, 2020 as
modified by Court's Notice No.4798, dated 15th April, 2021.
(Dr. S. Muralidhar)
Chief Justice
( K. R. Mohapatra )
Judge
M. Panda
