Dr. Chinmaya Dash vs Union Of India And Others .... Opp. ... on 3 December, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.32514 of 2025

         Dr. Chinmaya Dash                      ....    Petitioner(s)

                                      Mr. Subir Palit, Senior Advocate

                               -versus-
         Union of India and others              ....    Opp. Party(s)

                                  Mr. P. K. Parhi, DSGI along with
                              Mr. S.S. Kashyap, Sr. Panel Counsel
                                  CORAM:

                    HON'BLE MR. JUSTICE S.K. SAHOO
                   HON'BLE MR. JUSTICE S. S. MISHRA

                                     ORDER

Order No. 03.12.2025

03. This matter is taken up through hybrid arrangement (video conferencing/physical mode).

This writ petition has been filed by the petitioner-Dr. Chinmaya Dash, inter alia, seeking for quashing of the judgment dated 13.10.2025 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/00711 of 2024 in dismissing the Original Application.

The Original Application has been filed by the petitioner with the following prayer:-

"To set aside the impugned order no.

AIIMS/BBSR/Admin/Complaints/917/6665 under Annexure-A/2 issued by the Respondent

No.3, and the proceedings arising out of it, declaring the same as arbitrary, illegal and without jurisdiction and bad in the eye of law."

It appears that specific grounds have been taken in the Original Application, which is as follows:-

"4.14. That, the clause (ii) of schedule II of Regulation 33 of the AIIMS Regulations, 2019 provides for prior approval of the Articles of Charges arising out of the allegations by a duly constituted Governing Body. In the present matter, the Fact finding Committee while discussing another agenda, wherein the applicant was the complainant, went on to make observations against the applicant with regard to certain counter-allegations and placed a number of allegations before the Governing Body for approval. However, the Governing Body purportedly approved only one Article of Charge against the applicant, which pertains to operating patients without registration. But, the Executive Director issuing the Memorandum of charges has in an arbitrary and whimsical manner gone beyond its jurisdiction and issued several other Articles of Charges, precisely five in number, without any prior approval of the Governing Body in direct violation of the AIIMS Regulations, 2019 with respect to four of them. The relevant portion of the Regulation is extracted herein below for ready reference:

Schedule-II. (See regulation 33), The Appointing, Disciplinary and Appellate Authority for the various posts in the Institute.

xxxx xxxx xxxx xxxx

"Authorisation of the Director, All India Institute of Medical Sciences to issue the Charge-sheet and statement of allegation penalties and

suspension orders after obtaining the approval of the Governing Body, the President, All India Institute of Medical Sciences, as the case may be. The notice, the charge-sheet and statement of allegations shall be signed by the Director for and on behalf of the Governing Body or the President, as the case may be, and the documents shall also expressly state this fact. Phrases like "By order of the Governing Body"

or "the President" or the approval by the Governing Body or the "President can be used on such documents."

Thus, the issuance of the memorandum of charges with regard to the articles of charges arising out of the allegations which has no prior approval of the Governing Body as per the AIIMS Regulations, 2019 results in an order which is null and void ab initio and thus non-est in law. Hence, the impugned order is null and void ab initio is not tenable in law."

After issuance of notice, the opposite parties filed counter affidavit, wherein they have taken the following grounds:-

"9. That the memorandum of charge vides Annexure-A/2 is issued by the Executive Director being authorized by the Governing Body. As per regulation 33 of All India Institute of Medical Science Regulation, 2019 the provision of Central Civil Services Conduct Rules, 1964 shall apply to the employees of the institute in disciplinary matter. Further, the Appointing Authority, the Disciplinary Authority for the penalties that may be imposed and the Appellate Authority for the various post in the institute shall be as prescribed in Scheduled-II. As per the Schedule-II the Governing Body is the Appointing Authority in respect of the Post

held by the applicant. It has been clearly mentioned in the said schedule. As per Schedule-II (Para ii) it is provided that Director, All India Institute of Medical Science to issue the charge sheet and statement of allegations, penalties, suspension orders after obtaining the approval of the governing body, the president as the case may be. The notice and the charge sheet etc. shall be signed by the Director for and on behalf of the Governing body or the President either case may be. In Schedule-II Para (ii) it has also been provided that since the governing body meeting are fixed at intervals, the chairman of the governing body is authorized to initiate a disciplinary proceeding against employees of Group-A and faculty members and the final decisions on the Penalty shall be taken in the governing body meeting."

The learned Tribunal has been pleased to hold that the Charge Memo has been issued as per AIIMS Act, 1956 Notification dated 18.10.2019 and, therefore, there is no justification to get into the matter in exercise of the judicial review at this stage.

Mr. Palit, learned Senior Advocate appearing for the petitioner pointed out that the Notification dated 18.10.2019 issued by the Ministry of Health and Family Welfare Department clearly lays down that Authorisation of the Director, All India Institute of Medical Sciences to issue the memorandum of Charge and statement of allegation, penalties and suspension orders after obtaining the approval of the Governing Body, the President, All India Institute of Medical Sciences, as the case may be.

The notice, the charge-sheet and statement of allegations shall be signed by the Director for and on behalf of the Governing Body or the President, as the case may be, and the documents shall also expressly state this fact. Phrases like "By order of the Governing Body" or "the President" or the "approval by the Governing Body" or the "President" can be used on such documents. However, in the case in hand, Mr. Palit, learned Senior Advocate submitted that the same was not done but ratification to issue charge- sheet was made in the 11th meeting of the Governing Body, which was held on 28.06.2024.

To substantiate his case, Mr. Palit, learned Senior Advocate for the petitioner has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Sunny Abraham vrs. Union of India and another, reported in (2021) 20 SCC 12 and particularly relying upon paragraph-15 of the said judgment submits that issuance of the charge-sheet was in gross violation of the AIIMS Regulation, 2019 and it goes to the root of the matter. Therefore, the learned Tribunal was not justified in dismissing the Original Application.

When we enquired about the stage/status of the departmental proceeding, no definite answer could be given by either of the counsel appearing for parties, therefore, the prayer for interim relief made by Mr. Palit is not considered at this stage.

Issue notice on the question of admission indicating therein that the matter shall be disposed of at the stage of admission.

Since Mr. Parhi, learned DSGI has already entered appearance for all the opposite parties, extra copies of the writ petition be served on him by tomorrow (04.12.2025).

Put up this matter on 12th January, 2026.

Counter affidavit, if any, be filed in the meantime.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge Ashok/Swarna

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA

Location: High Court of Orissa Date: 04-Dec-2025 14:41:42