Sudhansu Sekhar Pattnaik vs Orissa Agro Industries ...
2023 Latest Caselaw 13509 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.A. No. 298 of 2015


            Sudhansu Sekhar Pattnaik                  ...           Appellant
                               Mr. Santanu Kumar Sarangi, Senior Advocate
                                       assisted by Mr. A.K. Nayak, Advocate
                                        -versus-
            Orissa Agro Industries Corporation ...               Respondents
            Ltd. and Another
                                           Mr. N.K. Mishra, Senior Advocate
                             assisted by Mr. Nitish Kumar Mishra, Advocate
            CORAM:
            ACTING CHIEF JUSTICE DR. B.R. SARANGI
            MR. JUSTICE MURAHARI SRI RAMAN
                                         ORDER

Order No.                               01.11.2023
   11.      1.     The appellant has filed this appeal challenging the order

dated 19.03.2015 of the learned Single Judge passed in W.P.(C) No.25012 of 2013 whereby the learned Single Judge directed to continue the departmental proceedings and also directed the petitioner (appellant herein) to cooperate in the inquiry. As such release of the gratuity and other amounts of the petitioner will be dependant on the ultimate outcome of the enquiry.

2. Mr. S.K. Sarangi, learned Senior Counsel appearing for the appellant at the outset contended that the proceeding which was initiated during continuation of service of the petitioner will be automatically dropped after retirement. In support of his submission, he relies upon the judgment of the apex Court in Bhagirathi Jena v. Board of Directors, O.S.F.C. and Others, (1999) 3 SCC 666 and contended that since the appellant has

retired from service now the proceeding initiated against him cannot continue.

3. So far as the payment of gratuity is concerned, he relies upon the judgment of the apex Court in State of Jharkhand v. Jitendra Kumar Srivastava and Another AIR 2013 SC 3383.

4. Per contra, Mr. N.K. Mishra, learned Senior Advocate appearing for the Respondents contended that the ratio decided by the apex Court in Bhagirathi Jena (supra) has been taken note of a three Judge Bench of the apex Court in Chairman and Managing Director, Mahanadi Coalfields Ltd. v. Rabindranath Choubey reported in (2020) 18 SCC 71. Therefore, he contended that even if the applicant retires from service, the proceeding can continue against him. So far as grant of gratuity is concerned, that is also dependent upon the proceeding initiated. He further contended that since it is a year-old matter of 2015, he wants to ascertain the present position and place on record by filing an affidavit.

5. Call this matter after two weeks. Affidavit be filed in the meantime.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA

Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 03-Nov-2023 10:22:44