Rabindranath Behera vs Tata Power Distribution Central
2025 Latest Caselaw 3123 Ori

Orissa High Court

Rabindranath Behera vs Tata Power Distribution Central on 30 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.A No.2576 of 2024

            Rabindranath Behera                    ....              Appellant

                                                    Represented By Adv. -
                                               Mr. Avijit Patnaik, Advocate
                                        -versus-

            Tata Power Distribution Central        ....           Respondents
            Odisha Ltd. (TPCODL),
            Bbhuabaneswar and others
                                                     Represented By Adv. -
                                               Mr. B. K. Mohanty, Advocate
                                                             for O.Ps.1 to 3
                                                         Mr. B. Dash, AGA


                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                              ACTING CHIEF JUSTICE
                                           AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO
                                          ORDER

30.01.2025 Order No.

01. 1. Mr. Patnaik, learned advocate appears on behalf of

appellant and submits, his client is aggrieved by judgment dated

31st July, 2024 passed by the learned single Judge dismissing his

writ petition. He had challenged direction of the disciplinary

authority made in respect of suspension and dismissal period in

contravention of rule 48 (2) (b) of the Certified Standing Order.

2. He relies on office order dated 20th September, 2010 of the

disciplinary authority. Relevant passage carrying the directions are

reproduced below.

"... ... ...

Where as after careful consideration of the report and findings of the Enquiry officer of de-novo inquiry iii connection with the said departmental proceeding drawn up against Shri Behera, the undersigned as disciplinary authority is pleased to pass the following orders on finalization of the said proceeding:

1. He is exonerated from all the charges leveled against him. 2. The period of his suspension connected there to is treated as leave due and admissible.

2. The dismissal period connected there to is treated as without pay and allowances."

Reproduced below is paragraph-9 from impugned judgment.

"9. After a thorough review of the case, a committee concluded that although there was ample evidence of misconduct on the petitioner's part, the punishment imposed was overly severe. Consequently, the committee modified the order to hold the petitioner guilty of misconduct but did not enhance the punishment. Instead, they issued an order providing

prospective financial benefits for the petitioner, as detailed in office order No.25015 dated October, 27, 2016."

It is a fit case requiring respondents, particularly the employer, to

answer.

3. Mr. Mohanty, learned advocate appears on behalf of

respondent nos.1, 2 and 3 (employer) and requires service. Mr.

Patanaik submits, service will be effected by tomorrow. Mr. Dash,

learned advocate, Additional Government Advocate appears on

behalf of State.

4. List under heading 'For Orders' on 20th February, 2025.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge dutta/Gs