Orissa High Court
Smt. Subhalaxmi Satapathy vs State Of Odisha And Others ..... ... on 7 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11373 of 2024
Smt. Subhalaxmi Satapathy ..... Petitioner
Represented By Adv. -
Mr. Manas Pati
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. Debasish Nayak,
A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
07.05.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Government Advocate appearing for the
State-Opposite Parties. Perused the writ petition as well as the
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
Annexure-6 and direct the Opp. Party No.2 to treat
the period of suspension from 04.02.2015 to
14.10.2015 be treated as duty with all
consequential service and financial benefits and
differential salary, arrears etc. ad due and
admissible be draw and disburse to the petitioner
within a stipulated time, keeping in view of the
Govt. circular and guidelines under Annexure-8
series.
And pass such order/directions as this
Hon'ble Court may deem fit and proper."
4. It is submitted by the learned counsel for the
Petitioner that the Opposite Parties have erroneously
impose the punishment to the effect that the suspension
period of the Petitioner shall be treated as leave as due
and admissible. He further contended that the Petitioner
was acquitted in the vigilance case. He also exonerated in
the pending departmental proceeding. However, the
Opposite Parties have treated the period on suspension as
leave due and admissible under Annexure-6 to the writ
petition. In the aforesaid context, learned counsel for the
Petitioner referred to the judgment of this Court in Bani
Bhusan Dash v. State of Odisha & Ors. (W.P.(C)
No.7635 of 2019 disposed of on 28.10.2021). By
referring to the aforesaid judgment, learned counsel for
the Petitioner submitted that this Court has categorically
held that the period of suspension is to be treated as such
or on duty. There is no such condition prescribed in OCS
(CCA) Rules to treat the suspension period as leave due
and admissible. In such view of the matter, learned
counsel for the Petitioner submitted that the order under
Annexure-6 imposing punishment is bad in law and,
accordingly, it was prayed that the same should be
quashed.
5. Learned Additional Government Advocate
appearing for the State-Opposite Parties, on the other
hand, contended that the Petitioner has not brought the
aforesaid judgment to the notice of the Disciplinary
Authority as well as the Appellate Authority. He further
contended that had the aforesaid judgment brought to the
notice of the Disciplinary Authority as well as Appellate
Authority, the same would have been considered by such
authorities. In such view of the matter, learned counsel
for the State submitted that the Petitioner be directed to
approach the Disciplinary Authority afresh by filing a
grievance petition taking therein all the documents along
with the documents. In such eventuality, the Opposite
Party No.2 be directed to consider the same in
accordance with law and in terms of the law laid down by
this Court in Bani Bhusan Dash's case (supra), within a
stipulated period of time.
6. Having heard the learned counsels appearing for
the respective parties and on a careful examination of the
background facts as well as materials on record and
taking into consideration the dispute involved in the
present writ petition and further keeping in view the law
laid down by this Court in Bani Bhusan Dash's case
(supra), this Court deems it proper to dispose of the writ
petition at the stage of admission by granting liberty to
the Petitioner to approach the Opposite Party No.2 by
filing a fresh representation taking therein all the grounds
along with the judgment in Bani Bhusan Dash's case
(supra) and any relevant circular applicable to the
Petitioners' case, within two weeks from today. In the
event the Opposite Party No.2 shall do well to consider
the same by taking into consideration the law laid down
by this Court in Bani Bhusan Dash's case (supra) and
without being influenced by his own order under
Annexure-6 to the writ petition. The final decision so
taken on the representation of the Petitioner be
communicated to the Petitioner within a period of two
weeks from the date of taking decision. The entire
exercise shall be carried out within two months from the
date of communication of certified copy of this order.
7. With the aforesaid observation and direction, the
writ petition is disposed of.
( A.K. Mohapatra )
Judge
Debasis
