Orissa High Court
Mohan Behera vs Managing Director on 12 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.17399 of 2018
(In the matter of an application under
Articles 226 & 227 of the Constitution of India, 1950)
Mohan Behera ....... Petitioner
-Versus-
Managing Director, Odisha
Lift Irrigation Corporation
Limited, Bhubaneswar and
another ....... Opp. Parties
Advocate for the parties
For Petitioner : Mr. Somanath Mishra,
Advocate
For Opp. Parties : Mr. B.K. Sharma,
Sr. Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing: 31.10.2025 Date of Judgment: 12.11.2025
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S.K. Mishra, J. The Petitioner, who is working as Junior
Engineer (Civil) in the Opposite Parties-Corporation i.e.
Odisha Lift Irrigation Corporation Limited, shortly
hereinafter, "OLIC Ltd.", has preferred the present writ
petition with a prayer to set aside office order dated
26.09.2018 (Annexure-6), so far as it relates to the
Petitioner, and to pass further appropriate order, as
deemed fit and proper, in the facts and circumstances of
the case.
2. So far as Office Order dated 26.09.2018, it is a
common order, vide which the Financial Advisor and
Chief Accounts Officer, OLIC Ltd. (Opposite Party No.2)
ordered to recover the alleged outstanding amount under
Corporation H/A-18(03) from the existing employees of
the Corporation, as per the list enclosed to the said order,
including the present Petitioner, whose name finds place
at Sl. No.24 of the said list.
3. The admitted facts on record, which compelled
the Petitioner to knock the door of this Court, is that
while the Petitioner was working as Junior Engineer, L.I.
Division, Berhampur, repeated thefts occurred in the
Central Store of the Corporation. Some materials were
stolen from the said store on three occasions during the
year 2004 & 2005, for which F.I.Rs. were lodged before
the local Police Station by the Petitioner. The Executive
W.P.(C) No.17399 of 2018 Page 2 of 18
Engineer, L.I. Division, Berhampur also informed the
Managing Director of the Corporation (Opposite Party
No.1) vide his letter dated 03.10.2007 regarding such
theft of stock materials from the Central Store of the L.I.
Division, Berhampur.
4. Pursuant to such communication of the
Executive Engineer, L.I. Division, Berhampur dated
03.10.2007, the Superintending Engineer, Southern
Circle, OLIC Ltd. Berhampur also wrote to the Director
(Technical), OLIC Ltd., Bhubaneswar suggesting therein
to drop the amount shown as outstanding against the
Petitioner, who was the In-charge of the Central Store,
Berhampur. The Petitioner also, on being asked by the
Executive Engineer, L.I. Division, Berhampur, submitted
a compliance report dated 21.10.2017, so far as a sum of
Rs.1,24,774.20, which was booked against him towards
shortage of stock materials in the Central Store due to
thefts occurred during his incumbency, i.e., on
18.08.2004, 14.12.2004 and 27.11.2005. Such
compliance report being forwarded to the Financial
W.P.(C) No.17399 of 2018 Page 3 of 18
Advisor and Chief Accounts Officer (Opposite Party No.2),
it was returned vide letter dated 04.12.2017 to the
Executive Engineer, L.I. Division, Berhampur (Ganjam)
advising to verify the same at his end and report to him
immediately. Pursuant to such communication, the
concerned Executive Engineer did the needful and
reported to the Opposite Party No.2 vide letter dated
30.01.2018.
5. However, without considering the said
communication made by the Executive Engineer, the
Opposite Party No.2 issued the common Office Order
dated 26.09.2018 (Annexure-6) for recovery of the
outstanding amount from various employees/officers,
including the Petitioner, without any prior
communication, thereby giving him an opportunity to
have his say in the said regard.
6. Though the writ petition was pending since
2018, after about six years, a Counter Affidavit was filed
on behalf of the Opposite Parties in January, 2025,
taking a stand therein that the concerned Executive
W.P.(C) No.17399 of 2018 Page 4 of 18
Engineer, vide his communication dated 18.09.2018,
proposed to recover the said amount from the Petitioner,
as the said amount was shown as an outstanding
amount against him. It has further been stated in the
Counter Affidavit that the communications made by the
Officers of the Corporation are not binding on the Head
Office, as those communications are mere suggestions.
That apart, it has been stated that, in the communication
dated 30.01.2018 the concerned Executive Engineer
had alternatively suggested to recover the said amount
from the Petitioner, since such loss was caused to the
Corporation because of the latches and negligence of the
Petitioner. Hence, it being public money, the Corporation
was justified to order to recover the said amount from the
Petitioner and nothing wrong has been committed by
passing such order of recovery.
7. Learned Counsel for the Petitioner, reiterating
the facts detailed in the writ petition so also drawing
attention of this Court to various
communications/letters/office orders, as at Annexures-1
W.P.(C) No.17399 of 2018 Page 5 of 18
to 5 submitted that, the Petitioner could not have been
blamed for the thefts occurred in the Central Store of L.I.
Division, Berhampur of the Corporation. That apart, vide
the communication made by the then Executive
Engineer, L.I. Division, Berhampur dated 03.10.2007, it
was brought to the notice of the Managing Director of the
Corporation that as most of the staff have gone on VRS
on 18.08.2004, due to lack of staff, even though a Home
Guard has been engaged for watch and ward of the
Central Store of the Division, still such thefts have
occurred.
7.1 That apart, the Petitioner also promptly
reported the said incidents to the Police and lodged
F.I.Rs. and investigations were made by the Police in
presence of the Petitioner, Division Officer and Division
Staff. A recommendation was made by the then Executive
Engineer, L.I. Division, Berhampur that as such
materials cannot be realized because of the inaction of
the Police, to treat the same as loss of Corporation
property and take necessary action to waive out the cost
W.P.(C) No.17399 of 2018 Page 6 of 18
of the materials. It was also requested to intimate the
office of the Executive Engineer, L.I. Division, Berhampur
to square up the 18'3' Head of A/c in the name of J.E.
and A.E. of Central Store. Despite such recommendation,
action has been taken by the Opposite Party No.2 for
recovery, which is legally unsustainable.
7.2. Learned Counsel for the Petitioner further
submitted that, before taking such decision to recover the
alleged outstanding amount because of the theft of
materials from the Central Store of the L.I. Division,
Berhampur, the Petitioner was neither asked to show
cause as to why such amount shall not be recovered from
him nor any responsibility was fixed on the Petitioner
alleging therein that he is responsible for such theft
repeatedly occurred in the Central Store of the L.I.
Division, Berhampur during his incumbency. No enquiry
was made to the said effect, giving due opportunity of
hearing to the Petitioner so also determining the amount
to be recoverable from the Petitioner. Hence, the entire
action of the authority concerned to take a decision to
W.P.(C) No.17399 of 2018 Page 7 of 18
recover the said amount from the salary of the Petitioner
is illegal and unjustified.
7.3. Learned Counsel for the Petitioner submitted
that, though the Petitioner has filed I.A. No.14738 of
2018 along with the writ petition praying therein to stay
operation of the impugned order regarding recovery of
Rs.20,000/- from his salary during pendency of the writ
petition, instead of staying the said action of recovery of
the Management, as an interim measure, it was ordered
on 11.12.2018 that, any recovery made from the salary of
the Petitioner shall abide by the result of the present writ
petition. In the meantime, the entire amount has been
recovered from the salary of the Petitioner and to the said
effect an Affidavit has been filed, pursuant to order dated
19.08.2025 passed by this Court.
7.4 Accordingly, learned Counsel for the Petitioner
submitted that the impugned order, so far as the present
Petitioner is concerned, deserves to be set aside. That
apart, direction be given to the Opposite Parties-
Corporation to refund the said amount illegally deducted
W.P.(C) No.17399 of 2018 Page 8 of 18
from the salary of the Petitioner with interest so also
costs be imposed on the Opposite Parties-Corporation for
harassing the Petitioner. To Substantiate his submission,
learned Counsel for the Petitioner relied on the judgment
of the Supreme Court reported in 2017 (II) OLR 503 SC
(State of Punjab and others Vs. The Senior
Vocational Staff Masters Association and others) and
judgment of this Court reported in 2017 (I) OLR 922
(Sarat Chandra Dash Vs. Orissa State Cooperative
Agricultural & Rural Development Bank Ltd. and
others).
8. Per Contra, Mr. Sharma, learned Senior
Counsel for the Opposite Parties-Corporation, drawing
attention of this Court to the letter dated 18.09.2018 of
the Executive Engineer, L.I. Division, Berhampur, as at
Annexure-B/1 to the Counter Affidavit, submitted that it
being so recommended by the concerned Executive
Engineer, the Authority concerned took a decision to
recover the said outstanding amount from the Petitioner,
whose name finds place at Sl. No.24 of the enclosure of
W.P.(C) No.17399 of 2018 Page 9 of 18
the said communication, as the Petitioner was the
concerned Junior Engineer posted during the period on
which repeated thefts occurred in the Central Store of the
L.I. Division, Berhampur. Hence, such decision of the
Authority concerned to recover the value of the stolen
articles, which occurred during tenure of the Petitioner, is
legally justified and deserves no interference by this
Court.
9. As is revealed from the contents of the letters
dated 03.10.2007 so also dated 30.01.2018 of the
Executive Engineer, L.I. Division, Berhampur (Ganjam)
and other correspondences on record, the alleged
outstanding amounts shown against the Petitioner were
admittedly towards value of materials stolen from the
Central Store of the L.I. Division, Berhampur during the
tenure of the Petitioner. The Executive Engineer in his
letter dated 03.10.2007 also intimated to the Managing
Director of the Corporation regarding such theft occurred
due to lack/shortage of staff, which happened as most of
the staff took VRS on 18.08.2004 and the watch and
W.P.(C) No.17399 of 2018 Page 10 of 18
ward duty was assigned to a Home Guard. The contents
of the said letter dated 03.10.2007, as at Annexure-1,
being relevant for proper adjudication of the present lis,
are extracted below:
"OFFICE OF THE EXECUTIVE ENGINEER: L.I.
DIVISION, BERHAMPUR
Letter No.4383 Dated 3.10.2007
To
Managing Director,
O.L.I.C. Ltd., Bhubaneswar
Sub: Theft of stock materials of Central Store of L.I.
Division, Berhampur
Sir,
In inviting a kind reference to the subject cited
above it is to intimate you that an amount of
Rs.1,15,333.20 has been booked in 18‟ 03‟ in the name of
Central Store J.E(C) Sri Mohan Behera as the materials
have been stolen from the Central Store of L.I. Divn.,
Berhampur. In this connection it is to intimate you that on
18.08.2004 theft had been occurred in Central Store
of L.I. Divn., Berhampur by some miscreants. Even
though a home Guard had been engaged for watch &
ward of this division due to lack of staff as most of
the staff have gone on Vrs on 18.08.04. The J.E.
Central Store has reported to police vide Lr.No.82 dt.
19.08.2004. After lodging of F.I.R. the police has
investigated the Central Store in presence of A.E.s
Divisional Officer & Division staff. On 14.12.2004
again theft has been occurred in the same Central Store
i.e. within one 'O' clock to four „O‟ clock. The J.E. Central
Store has lodged FIR vide Lr.No.117 dt.14.12.04 at Bada
Bazar Police Station, Berhampur and letter No. 81 dt.
28.11.05 and reminder No.32 Dt. 6.9.06 regarding loss of
Central Store Materials. The Police has investigated the
matter and has mentioned that this is under investigation.
The undersigned has given a reminder to Bada Bazar
Police Station vide Lr.No.4812 dt. 30.11.04 for realization
of the materials and Investigation report about loss of
W.P.(C) No.17399 of 2018 Page 11 of 18
materials of OLIC. Further above matters has been
intimated to Superintendent of Police, Police Dist.,
Berhampur vide this Office Lr.No.146 dt. 24.01.2005. The
Xerox copy of all the relevant papers are enclosed
separately for your kind scrutiny. The details of loss of
materials are enclosed separately for your kind
verification.
When the shortage of materials are
incorporated in the books of Account as loss in the
stock register the above amount was booked under
18' 03' in the name of the concerned J.E. of Central
Store. At present after several reminder when the
A..E. and J.E. approached the concerned police
station about the Docket No. of F.I.R. and the
investigation report of the loss of materials, the
police refused to give the investigation report as well
as FIR number lodged by the concerned J.E. the
undersigned has instructed the Asst. Executive
Engineer (Elect) of this division to enquire on the
theft of materials the concerned A.E.E. (Elect.) has
investigated the matter and submitted report to the
undersigned which is enclosed for your verification.
In this context I am to request you that the
above materials cannot be realized at present and
these materials may be treated as loss of
Corporation property.
Necessary action may be taken to waive out
the cost of the materials and intimate to this office
to square up the 18'3' Head of A/c. in the name of
J.E. and A.E. of Central Store.
This is submitted for favour of kind information
and perusal action.
Yours faithfully,
Sd/-
Executive Engineer
L.I. division, Berhampur"
(Emphasis supplied)
10. From the contents of the said letter, it is amply
clear that despite the Central Store of the Corporation at
Berhampur being guarded by a Home Guard, theft
occurred repeatedly during the tenure of the Petitioner as
W.P.(C) No.17399 of 2018 Page 12 of 18
Junior Engineer In-charge of the Central Store, L.I.
Division, Berhampur. That apart, as is revealed from the
correspondences made by the then Executive Engineer,
so also the compliance report submitted by the Petitioner,
the Petitioner did his duty by lodging F.I.Rs before the
concerned Police Station and was pursuing the said
matters with the Police to do the needful.
11. That apart, a report being submitted vide
communication dated 21.10.2017 before the Executive
Engineer, L.I. Division, Berhampur regarding the action
taken by the Petitioner, a recommendation was made by
the Executive Engineer, L.I. Division, Berhampur
(Ganjam) vide letter dated 30.01.2018 to treat the said
value of the stolen articles as loss to the Corporation and
to drop the amount shown against the Petitioner to be
outstanding. However, the Opposite Parties failed to act
in terms of the said recommendation on the plea that
such recommendation of the concerned Authority, i.e.,
Executive Engineer, L.I. Division, Berhampur, is not
binding on them. The contents of the said
W.P.(C) No.17399 of 2018 Page 13 of 18
recommendation submitted by the Executive Engineer,
L.I. Division, Berhampur (Ganjam), being relevant, are
extracted below.
"OFFICE OF THE EXECUTIVE ENGINEER: LIFT
IRRIGATION DIVISION: BERHAMPUR (GANJAM)
Letter No: /OLIC Date:
To
The Financial Advisor &
Chief Accounts Officer,
Odisha Lift Irrigation Corporation Ltd.,
Plot No.17/2, Nayapalli,
Bhubaneswar-751012
Sub:- Submission of compliance report of Sri
Mohan Behera, Ex-Junior Engineer (Civil),
Central Store, Berhampur.
Ref:- Your Letter No.14483 dtd. 4.12.2017 & 236
dtd.10.01.2018 of the Deputy Chief Accounts
Officer, OLIC Ltd., Bhubaneswar.
Madam,
With reference to the above cited subject and
letter it is to inform you that the compliance submitted by
Sri Mohan Behera, Ex-Junior Engineer (Civil) Central Store,
Berhampur has been verified by the undersigned and I
am to say that the theft case is true, FIR lodged to
Police Station by the Junior Engineer, and Executive
Engineer but final report of Police is not received till
date. Superintending Engineer (S.C), OLIC Ltd.,
Berhampur had also communicated vide his
No.1124(WE) dtd. 5.10.2007 to the Director (Tech.),
OLIC Ltd., Bhubaneswar to drop the above amount.
The Xerox copy the above Letter is enclosed for your
reference. The Xerox copy of the E.I.R. of Junior Engineer
and Executive Engineer also enclosed for your kind
reference.
Hence, Head Office may kindly instruct to
Division whether the amounting to Rs.1,24,774.20 will be
dropped or recovered from Sri Mohan Behera, Ex-Junior
W.P.(C) No.17399 of 2018 Page 14 of 18
Engineer(Civil), Central Store, Berhampur. Since Sri
Behera has observed all official formalities to get
recover the materials as it was theft, but it was in a
vain. Hence the above cost is loss to the Corporation.
Looking to the above circumstances the above
amount, if desired may be treated as loss to the
Corporation and suggestion may be issued for drop
the amount 18(03) against Sri Mohan Behera.
Accounting adjustment may kindly be issued to this
Division for settlement of his case.
This is for favour of your kind information
and necessary action.
Yours faithfully,
Sd/-
Executive Engineer"
(Emphasis supplied)
12. A stand has been taken in the Counter
Affidavit that such a decision to recover from the
Petitioner was taken by the Authority concerned, based
on the recommendation of the Executive Engineer, L.I.
Division, Berhampur dated 18.09.2018. As is ascertained
from the said communication made to the Managing
Director of the Corporation by the then Executive
Engineer, L.I. Division, Berhampur (Ganjam), he did not
take note of the previous communications made by his
predecessors to the Opposite Party Nos.1 & 2 in the said
regard, which have been extracted above.
13. Further, the Opposite Parties have also failed
to demonstrate before this Court that when a stand has
W.P.(C) No.17399 of 2018 Page 15 of 18
been taken in the Counter that any recommendation
made by the Executive Engineer is not binding on them,
how they could act on the subsequent recommendation
made by the succeeding Executive Engineer vide letter
dated 18.9.2018, that too without making any
communication to the said effect to the Petitioner,
thereby giving him an opportunity to have his say in the
said regard.
14. Law is well settled that fair play in action
warrants that no such order, which has the effect of an
employee suffering civil consequences, should be passed
without putting the concerned to notice and giving him a
hearing in the matter.
15. From the discussions made above, this Court
is of the view that, responsibility could not have been
fixed on the Petitioner for such thefts and no recovery
should have been made from his salary showing the value
of the stolen articles from the Central Store to be
outstanding against the Petitioner, only on the ground
W.P.(C) No.17399 of 2018 Page 16 of 18
that he was then working as the Junior Engineer, Central
Store, L.I. Division, Berhampur.
16. This Court is of further view that the Authority
concerned was not justified to recover the alleged
outstanding from the Petitioner without fixing any
responsibility on the Petitioner thereby asking him to
show cause and making an enquiry to the said effect and
in absence of any finding to the effect that the Petitioner
was responsible for such repeated thefts occurred in the
Central Store of the Corporation at Berhampur. Such
unilateral action to deduct the outstanding amount
under 18'3' Head of A/c to the tune of Rs.1,24,774.20 is
illegal and unjustified, being hit by the principles of
natural justice and deserves interference.
17. Accordingly, this Court is inclined to set aside
the impugned order dated 26.09.2018, as at Annexure-6,
so far as the Petitioner is concerned, whose name finds
place at Sl. No.24 of the list appended to the said order.
18. Pursuant to the order dated 19.08.2025, since
an Affidavit has been filed by the Petitioner on 8th
W.P.(C) No.17399 of 2018 Page 17 of 18
September, 2025 before this Court that an amount of
Rs,1,24,774.20 has already been deducted from his
salary during pendency of the present writ petition,
which was not disputed by the Corporation, the Opposite
Parties are directed to refund the said amount to the
Petitioner with 7% simple interest thereon from the date
of last deduction made from the salary of the Petitioner
till the date of actual payment. Refund shall be made
within a period of four weeks from the date of production
of the certified copy of this Judgment, failing which the
Corporation shall be liable to pay 12% penal interest for
the entire period.
19. The writ petition stands allowed and disposed
of accordingly. No order as to costs.
...................................
S.K. MISHRA, J.
Orissa High Court, Cuttack Signature Not Verified
Dated the 12th November, 2025 /Prasant Digitally Signed
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 12-Nov-2025 19:23:01
