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Orissa High Court
Prabhat Kumar Mallik vs State Of Odisha & Others .... Opposite ... on 19 March, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C ) No.6350 of 2024
Prabhat Kumar Mallik .... Petitioner
Mr. P.K. Mohapatra,
Adv.
-versus-
State of Odisha & Others .... Opposite Party
Mr. A. Tripathy, AGA
COROM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order 19.03.2026
No
4. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia
challenging the order of punishment passed against the
Petitioner in a Proceeding initiated vide Memorandum
dt.04.11.2019 under Annexure-1, vide order dt.14.09.2021
under Annexure-4 of Opp. party No.3, and confirmation of
the same in Appeal by Opp. party No.2 vide order
dt.02.11.2023 under Anenxure-6.
4. While assailing both the orders, learned counsel
appearing for the Petitioner contended that in the
Proceeding so initiated vide Memorandum dt.04.11.2019
// 2 //
under Annexure-1, the Inquiry Officer submitted the report
on 04.11.2019 under Annexure-3.
4.1 Even though the Proceeding was initiated under Rule-
15 of the Rules, but Opp. party No.3 being the Disciplinary
Authority without issuing the 1st show-cause, as provided
under Rule 15(10)(i)(a) of the Rules, straightaway issued
the 2nd show-cause by proposing the punishment vide the
show-cause notice dt.25.06.2021 under Annexure-3.
4.2. It is also contended that while issuing such a 2nd
show-cause, no dis-agreement note was provided, on the
face of the finding of the Inquiry Officer, which was a
mandatory requirement. It is accordingly contended that
since provisions contained under Rule-15(10)(i)(a) &
15(10(i)(b) of the Rules were never followed, which is
apparent on the face of the notice issued under Annexure-
3, the impugned order so passed in the proceeding vide
order dt.14.09.2021 under Anenxure-4 and confirmed by
the Appellate Authority vide order dt.02.11.2023 under
Annexure-6, are not sustainable in the eye of law.
Rule-15-(10(i)(a) & 15(10)(i)(b) of the Rules reads as
follows:
15(10(i)(a)- If the inquiring officer is not the
disciplinary authority shall furnish to the
delinquent Government servant a copy of the
inquiring officer and give him notice by registered
post or otherwise calling upon him to submit within
a period of fifteen days such representation as he
may wish to make against finding of the Inquiring
Authority.
// 3 //
15(10(i)(b)- On receipt of the representation referred
to in Sub-clause(a), the disciplinary authority
having regard to the findings on the charges, is of
the opinion that any of the penalties specified in
Clauses (vi) to (ix) of Rule 13 should be imposed. He
shall furnish to the delinquent Government servant
a statement of its findings along with brief reasons
for disagreement, if any, with the finds of the
inquiring officer and give him a notice by
Registered post or otherwise stating the penalty
proposed to be imposed on him and calling upon
him to submit within a specified time such
representation as he may wish to make against the
proposed penalty.
5. Learned Addl. Govt. Advocate on the other hand while
supporting the impugned order contended that since after
receipt of the inquiry report, it was found that Petitioner
has been found guilty of the charges, the Disciplinary
Authority after going through the inquiry report, issued the
2nd show-cause vide notice dt.25.06.2021 under Annexure-
3 proposing the punishment therein. It is contended that
Petitioner without raising any objection, filed his reply and
after due consideration of the same, the Proceeding was
disposed of vide the impugned order dt.14.09.2021 under
Annexure-4.
5.1. Not only that, appeal filed against the said order was
also dismissed by Opp. party No.2 vide order dt.02.11.2023
under Anenxure-6. It is contended that since the order of
punishment so passed by the Disciplinary Authority under
Annexure-4, has been upheld by the Appellate authority,
no illegality or irregularity can be found with the impugned
order.
// 4 //
Not only that, Petitioner since never raised any
objection to the 2nd show-cause and instead filed his reply,
Petitioner cannot be permitted to take the plea regarding
non-compliance of Rule-15(10(i)(a) of the Rules.
6. Having heard learned counsel appearing for the
parties and considering the submission made, this Court
finds that the proceeding initiated against the Petitioner
vide memorandum dt.04.11.2019 under Annexure-1. After
receipt of the inquiry report on 04.11.2019, Opp. party
No.3, who happens to be the Disciplinary Authority,
without following the provisions contained under Rule
15(10)(i)(a) of the Rules, straightaway issued the 2nd show-
cause as provided under Rule 15(10)(i)(b) of the Rules by
proposing the punishment.
6.1. Since from the impugned 2nd show-cause, it is
apparent that no 1st show-cause was ever issued in terms
of the Rule-15(10)(i)(a) of the Rules which amounts of non-
compliance of the statutory provision and there is no
disagreement note while issuing the 2nd show-cause notice,
this Court on that ground only is inclined to quash order
dt.14.09.2021 so passed by Opp. party No.3 under
Annexure-4, confirmed by the Appellate Authority-Opp.
party No.2 vide order dt.02.11.2023 under Annexure-6.
While quashing both the orders, this Court remits the
Proceeding to Opp. party No.3 with a direction to re-
commence the same from the stage of issuance of the 1st
// 5 //
show-cause, in terms of the provisions contained under
Rule-15(10(i)(a) of the Rules.
6.2. Since the Proceeding is of the year 2019 and inquiry
report has already been submitted, Opp. party No.3 is
directed to dispose of the Proceeding as expeditiously as
possible and in accordance with law, preferably within a
period of 4(four) months hence. Petitioner however is
directed to cooperate for such disposal.
7. The Writ Petition accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 24-Mar-2026 16:37:41
