Sibanjali Badhai vs Commandant 38-Bn Crpf .... Opposite ...
2023 Latest Caselaw 16038 Ori

Orissa High Court

Sibanjali Badhai vs Commandant 38-Bn Crpf .... Opposite ... on 14 December, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     WP(C) No.4345 of 2014

                 Sibanjali Badhai                  ....                  Petitioner
                                                                             None
                                            -versus-

                 Commandant 38-BN CRPF             ....           Opposite Parties
                 and others
                                                         Mr. P. P. Behera, CGC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

14.12.2023 Order No.

34. 1. During the course of preparing the judgment the following came to the fore for which the matter is listed today seeking clarification from the learned CGC.

2. In Annexure-13 which is dated 16th January, 2009 it has been stated that the copy of the enquiry report which was submitted to the disciplinary authority dated 3.1.2010 has been endorsed to the delinquent on 16th January, 2009.

2-A. The order passed by the disciplinary authority at Annexure-14 at Page-31 is undated "February, 2009". 2-B. Under Article-II, the following is the observation:

"The Enquiry Officer completed the DE and submitted proceedings vide his Memo No.G.II- 1/10-B.P. dated 03/01/2010 to the disciplinary authority for taking further needful action. The Enquiry Officer in his report has proved both the charges framed against the delinquent, beyond any doubt."

2-C. At page-32, it has been stated "copy of report of the enquiry officer was sent to the delinquent at his declared home address through registered letter with A.D. vide this office letter No.P.VIII-10/2009-38-EC-II dated 16/01/2010 with direction to submit representation if any against the enquiry report within 15 days from the date of its receipt."

2-D. In the memo which is a continuance of the said Annexure at Page-33 the copy has been forwarded to the officials including the direction to the SHO, P.S.-Sadar (Sambalpur) at serial No.7. And, in the said endorsement the date is mentioned as "20 February, 2009".

3. Learned counsel for the CGC, Mr. Behera is requested to clarify the position and also place on record the copy of the enquiry report.

4. List this matter on 18.12.2023 under the same caption.

5. Copy of this order be made over to Mr. Behera, learned CGC to do the needful.

(V. NARASINGH) Judge PKS

Signed by: PRADEEP KUMAR SWAIN

Location: Orissa High Court, Cuttack Date: 14-Dec-2023 16:46:20