Arun Kumar Mandal vs State Of Odisha &Others
2023 Latest Caselaw 5497 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.12658 of 2023

                 Arun Kumar Mandal                      ....            Petitioner
                                                       Mr. Manas Pati, Advocate
                                            -versus-
                 State of Odisha &others                ....     Opposite Parties
                                                         Mr. I. Mohanty, A.S.C.


                                     CORAM:
                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  09.05.2023
    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"The petitioner therefore prays that your lordships may graciously be pleased to quash the charge memo dated 25.07.1998 under Annexure-2 as per judgment passed in W.P.(C) No.571 of 2021 and direct the Opp. parties to release all consequential service and financial benefits including pension and pensionary benefits and arrears with 18% interest forthwith.

And pass such order/directions as this Hon'ble Court may deem fit and proper."

4. It is submitted by learned counsel for the petitioner that

although the petitioner has retired from service on attaining the age // 2 //

of superannuation w.e.f. 30.06.2022, he has not received any

pensionary benefits. It is further submitted by learned counsel for the

petitioner that a disciplinary proceeding initiated against the

petitioner on the basis of memorandum of charges dated 25.07.1998.

He further submits that in the said disciplinary proceeding, an

Enquiring Officer has conducted enquiry and after conducting

detailed enquiry, a report has been submitted by the Enquiring

Officer dated 04.02.1999, which reveals that there is no substantial

evidence to establish the charges of the petitioner is misguided the

Tahasildar for issuance of Caste Certificate or committed any

mistake thereof and that since an enquiry conducted by the Vigilance

authority is insufficient, the Enquiring Officer did not find any reason

till the certificate is invalid. However, it is also pointed out by the

Enquiring Officer that would be appropriate for reviewing that the

competent authority keeping in view the OJC pending before this

Court.

5. In such view of the matter, learned counsel for the petitioner

submitted before this Court that the categorically finding in the

Enquiring Officer that in reply to the parties, the petitioner has not

mislead the Tahasildar in issuing the Caste Certificate, as such, there

is no misconduct on the part of the petitioner and further the // 3 //

Enquiring Officer has also stated that there is no finding any reason

to the certificate is invalid. In such view of the matter, learned

counsel for the petitioner further contended that the disciplinary

proceeding initiated in the year 1998 should be concluded earlier

keeping in view the same pending till date. Accordingly, a direction

may be granted to the Opposite Parties to conclude the disciplinary

proceeding and pensionary benefits be granted to the petitioner

within a stipulated period of time.

6. Learned counsel for the State, on the other hand, submitted

that the Enquiring Officer, Collector, Khurda call for a report from

the Tahasildar. The Tahasildar, Banpur did not find particular record

in which the certificate was issued to the petitioner as on enquiry. He

further submitted that a report to the effect that the caste of the

petitioner is "Poundra", which is not recognized as Scheduled Caste

by the Government for appearing for the responsibility of Odisha.

Moreover, it was also pointed out by learned counsel for the State

that in O.J.C. No.8431 of 1998 was disposed of on 31.01.2019 with

an observation that the matter shall be referred to the Scrutiny

Committee by the competent authority. In view of the Hon'ble Apex

Court in the case of Kumari Madhi Patila vrs. Addl. Commissioner,

Tribal Development : reported AIR 1995 SC 94. Further it was also // 4 //

observed by the coordinate Bench of this Court that the petitioner

shall file his show-cause reply to show cause notices before the

disciplinary authority and thereafter, if the authority is not satisfied

then the matter shall be referred to the Scrutiny Committee for

consideration and it was also observed in the order dated 31.01.2019

that the report taking a decision referred to the scrutiny authority

shall do well to provide an opportunity of hearing to the petitioner.

7. In such view of the matter, learned counsel for the State

submitted that since the issue with regard to Caste Certificate of the

petitioner has not been finally resolved. Therefore, the proceeding is

pending against the petitioner has not been finally closed. In such

view of the matter, learned counsel for the State submitted before this

Court that some more time may be granted so that the disciplinary

proceeding pending would promptitude in accordance with law as per

direction of this Court in O.J.C. No.8431 of 1998, which was

disposed of on 31.01.2019.

8. Considering the submissions made by learned counsel for the

respective parties, upon careful consideration of the back ground

facts of the case as well as the order dated 31.01.2019 passed in

O.J.C. No.8431 of 1998, instruction received by learned counsel for

the State, copy of which was placed on record in Section vide order // 5 //

dated 03.05.2023, this Court deems it proper to dispose of the writ

petition at the stage of the admission without expressing any opinion

on merits of the case by directing the Secretary to Government,

Revenue and Disaster Management Department, Bhubaneswar-

Opposite Party No.1 to conclude the disciplinary proceeding, which

is pending since 1998 by taking into consideration the report

submitted by the Enquiring Officer under Annexure-4 within a period

of three months from the date of communication of this order. It is

further clarified that the authorities to place this matter before the

State Level Scrutiny Committee as directed by this Court in O.J.C.

No.8431 of 1998 within the aforesaid time by following direction of

the coordinate Bench of this Court vide order dated 31.01.2019.

Further, it is made clear that if the same is not concluded within the

aforesaid time, the proceeding shall stand automatically terminated

whereafter the Opposite Parties shall take necessary steps for

sanction and disbursed all the retiral benefits as is due and admissible

in favour of the petitioner forthwith.

9. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu                                            ( A.K. Mohapatra )
                                                             Judge
                                    // 6 //




Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 15-May-2023 13:02:28