Debasis Bhuyan vs State Of Odisha & Ors. ..... Opposite ... on 18 March, 2026

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                WP(C) No.4569 of 2023
Debasis Bhuyan          .....         Petitioner
                                                  Mr. L.P. Dwivedy, Advocate
                               -versus-
State of Odisha & Ors.           .....              Opposite Parties
                                                      Mr. S. Das, ASC

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

18.03.2026 Order No.01

1. This matter is taken up through hybrid mode.

2. Heard Mr. L.P. Dwivedy, learned counsel appearing for the Petitioner and Mr. S. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.

3. The present writ petition has been filed inter alia with the following prayer:-

"Under the aforesaid facts and circumstances of the it is therefore, prayed that this Hon'ble Court may graciously be pleased to:

(i) quash the impugned Order of Punishment, dated 24.11.2021, passed by the Opp. Party No.2 and rejection Order of the Appeal, dated 11.01.2023, passed by the Opp. Party No.1 as at Annexures-15 and 19 respectively by concurrently holding the same as bad, illegal and is not maintainable and sustainable in the eye of law;

(ii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice;

And for this act of kindness, the Petitioner as in duty bound shall ever pray."

4. It is contended that Petitioner while continuing as a Subedar and posted to 2nd I.R. Battalion, Rayagada, because of his suffering from illness w.e.f.26.09.2017, he initially examined himself in SDH, Rayagada on 26.09.2017 so available under Annexure-3. Petitioner also submitted an application showing his illness and treatment on 26.09.2017 before the Commandant, 2 nd IR Battalion, Rayagada. Thereafter, Petitioner remained on medical leave and extended his leave by submitting application under Annexure-5.

4.1. It is contended that since Petitioner remained on medical leave w.e.f.26.09.2017, vide letter dtd.13.03.2018, Petitioner was directed to appear before the Standing Medical Board on 02.04.2018. In terms of the said letter, Petitioner was examined by the Standing Medical Board on 02.04.2018 and the Standing Medical Board on due examination of the Petitioner allowed rest for further one (1) month vide letter dtd.09.04.2018 under Annexure-6.

4.2. It is contended that subsequently the said Standing Medical Board on 02.05.2018 though declared the Petitioner medically fit to resume his duty, but while coming to join, Petitioner since met with an accident, he again remained under treatment in Capital Hospital, Bhubaneswar for the period from 03.05.2018 to 02.06.2018 so reflected in Annexure-8. Petitioner thereafter joined in his service on 03.06.2018.

4.3. It is contended that even though Petitioner remained on medical leave w.e.f.26.09.2017 to 02.06.2018, but a proceeding was initiated against him by Opp. Party No. 2 on 19.10.2018 inter alia with the charge that Petitioner remained on unauthorized leave and

he never joined after two (2) weeks from the date of issuance of the letter by the Standing Medical Board on 09.04.2018 under Annexure-6. Charge framed against the Petitioner reads as follows:-

"Shri Debasis Bhuyan, Subedar, 2nd IR Battalion, Rayagada is charged with gross misconduct, and willful unauthorized absent from duty in violation of the provision laid down vide PCO-109, PMR-843 and OGSC Rules 04 in that;

He has joined in 2nd IR Battalion, Rayagada on 27.07.2017 A.M. vide B.O. No.1644, dtd.29.07.2017 on promotion to the rank of Subedar. He reported sick w.e.f.26.09.2017 P.M., but left the Battalion Hdqrs. without prior permission from the competent authority and also did not intimate the address of the Hospital, where he was undergoing treatment. As such he was asked by the Commdt. 2nd IR Battalion, Rayagada vide his letter No.1930/E dtd.07.10.2017 regarding where about of his place of treatment.

After lapse of 20 days of leaving the Battalion Hdqrs., he intimated that he was undergoing treatment at SCB, Medical College and Hospital, Cuttack as outdoor patient on 16.10.2017. Again, he was recalled by post in his permanent address to join his duty by 15.02.2018 positively vide letter No.306/E dtd.05.02.2018 of Commdt. 2nd IR Battalion, but he did not join. Due to his prolonged sickness and treatment as outdoor patient, the CDMO, Cuttack was requested vide letter No.322/E dtd.08.02.2018 of Commdt. 2nd IR Battalion, to constitute a Medical Board for examination of the health condition of Subedar Debasis Bhuyan and issue the medical opinion of the Board to the Commandant for further action. Sri Bhuyan was also intimated vide letter No.323/E dtd.08.02.2018 of Commdt. 2nd IR Battalion to attend the medical Board. Though he attended the said Board on 02.04.2018, but he did

not intimate anything about his attendance before the Medical Board on 02.04.2018.

The Convenor SMB-cum-Chief District Medical and Public Health Officer, Cuttack has intimated that the charged officer Sri Bhuyan had attended the standing Medical Board on 02.04.2018 for examination of his health condition. After examination, the standing Medical Board allowed him rest for 02 weeks w.e.f. 02.04.2018 to 15.04.2018 and directed to attend the next medical Board on 01.05.2018, which Sri Bhuyan also duly acknowledged in the proceeding of the standing Medical Board dtd.02.04.2018, as intimated vide his letter No. 4121/(SMB-6) CDMO, Cuttack, dtd.09.04.2018. As such, Sri Bhuyan had to join his duty after 2 weeks i.e. on 16.04.2018, but he did not join his duty.

Subsequently, the Convenor SMB-cum-Chief District Medical and Public Health Officer, Cuttack has intimated that the charged officer S1 Bhuyan had again attended the standing Medical Board on 01.05.2018 for examination of his health condition. After examination, the standing Medical Board declared him fit to resume his duty. Sri Bhuyan also duly acknowledged on the proceedings of the standing Medical Board dtd.01.05.2018, as Intimated by the CDMO vide his letter No. 5059/(SMB-6) CDMO, Cuttack, dtd.02.05.2018. As such he was supposed to join his duty on 02.05.2018, but, till 24.05.2018 the charged officer Sri Bhuyan had not joined his duty and remained unauthorized absent on his own sweet will.

Such activities by the Subedar Debasis Bhuyan amount to serious misconduct, disobedience of orders, careless attitude and dereliction of duty.

He is therefore directed to submit his show cause by 31.10.2018 positively as to why suitably departmental action

will not be initiated against him in the event of the charges being proved against him.

Any representation he wishes to make in this regard will be duly considered by the authority competent to pass final order before passing such order."

4.4. Learned counsel appearing for the Petitioner contended that Petitioner in the proceeding not only filed his reply to the charges, but also participated in the enquiry. It is also contended that the enquiry officer after conducting the enquiry while submitting report, clearly held that Petitioner was not fit to join the duty till 01.05.2018. It is contended that on the face of such documents being provided to the disciplinary authority and the finding in the enquiry report, Petitioner was imposed with the punishment by Opp. Party No. 2 while disposing the proceeding vide the impugned order dtd.24.11.2021 under Annexure-15. Vide the said order Petitioner was imposed with the punishment of one black mark. Appeal filed by the Petitioner was also rejected by Opp. Party No. 1 vide order dtd.07.01.2023 communicated on 11.01.2023 under Annexure-19.

4.5. Learned counsel appearing for the Petitioner contended that since Petitioner remained on medical leave w.e.f.26.09.2017 to 02.06.2018 and in support of his illness, he not only produced the required medical documents but also the Standing Medical Board held him fit to resume duty w.e.f.02.05.2018, on the face of such documents being provided in course of the proceeding, Petitioner could not have been imposed with the punishment of one black mark vide the impugned order dtd.24.11.2021 under Annexure-15, so confirmed vide order dtd.11.01.2023 under Annxure-19. It is

accordingly contended that the punishment so imposed requires interference of this Court.

5. Mr. S. Das, learned Addl. Standing Counsel made his submission basing on the stand taken in the counter affidavit so filed. It is the main contention of the learned Addl. Standing Counsel that pursuant to the report submitted by the Standing Medical Board on 02.05.2018 under Annexure-7, Petitioner was required to join in his duty on 02.05.2018. But on the face of being declared fit to resume his duty w.e.f.02.05.2018, Petitioner never joined in his work till 03.06.2018.

5.1. Since Petitioner on the face of the report of the Medical Board, never submitted his joining report and remained on leave for another one (1) month, the proceeding in question was initiated vide Memorandum dtd.19.05.2018 under Annexure-1. Opp. Party No. 2 taking into account the fact that on the face of the certificate issued by the Standing Medical Board under Annexure-7, Petitioner never joined on 02.05.2018, rightly imposed the punishment of one black mark vide order under Annexure-15.

5.2. It is further contended that order passed by the disciplinary authority was also confirmed by the appellate authority with rejection of the appeal vide order dtd.07.01.2023, communicated vide order dtd.11.01.2023 under Annexure-19. It is accordingly contended that Petitioner has been rightly imposed with the punishment and the same requires no interference of this Court.

6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that Petitioner while continuing as a Subedar in 2nd I.R. Battalion, Rayagada, he remained on medical treatment w.e.f.26.09.2017 so reflected in

Annexure-3. Since Petitioner continued on medical leave w.e.f.26.09.2017, he was referred to the Standing Medical Board. Standing Medical Board vide letter dtd.09.04.2018 under Annexure-6, while admitting the illness of the Petitioner, recommended further rest of one (1) month. Such Standing Board when again examined the Petitioner on 02.05.2018, Petitioner was declared fit to resume his duty. But since Petitioner because of some further accident, remained on medical leave for the period from 03.05.2018 to 02.06.2018, Petitioner produced such certificate in support of his illness so available under Annexure-8.

6.1. It is also found that the enquiry officer in his report under Annexure-10, opined that Petitioner was not fit to resume his duty till 01.05.2018. On the face of the documents available under Annexure-3 to 8 and the finding of the enquiry officer so available under Annexure-10, this Court is of the view that Petitioner was on medical leave for the period from 26.09.2017 to 02.06.2018.

6.2. Therefore, it is the view of this Court that there was no occasion to held the Petitioner guilty of the charges with imposition of the punishment of one black mark vide the impugned order dtd.26.11.2021 under Annexure-15, confirmed vide order dtd.11.01.2023 under Annexure-19.

6.3. In view of the aforesaid analysis, this Court is inclined to quash the order of punishment imposed vide order under Annexure-15, confirmed vide order under Annexure-19. While quashing both the orders, the writ petition stands allowed and disposed of.

Digitally Signed (BIRAJA PRASANNA SATAPATHY)

Location: High Court of Orissa, Cuttack Judge Date: 19-Mar-2026 19:53:36Sneha