NIMAI CHARAN SAMANTARAY Vs. CHAIRMAN-CUM-MANAGING DIRECTOR
HIGH COURT OF ORISSA
Nimai Charan Samantaray
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BISWANATH RATH,J. -
(1.) Heard Mr.G. Sinha, learned counsel for the petitioner and Mr.A.K.Mohanty(A), learned counsel for the opposite party.
(2.) This writ petition involves a challenge to the order passed by the Disciplinary Authority vide Annexure-7 thereby directing for realization of amount from the entitlement of the petitioner. The impugned order has been challenged on the sole premises that not only the proceeding was initiated after premature retirement of the petitioner but recovery has also been made after the superannuation of the petitioner on the basis of disciplinary proceeding admittedly initiated after superannuation of the petitioner. Referring to a judgment of this Court in disposal of W.P.(C) No.10638 of 2004, Sri Panda, learned counsel appearing for the petitioner requested this Court for extending the benefit of the disposed of writ petition to the case at hand.
(3.) Learned counsel for the opposite party on the other hand while objecting the claim of the petitioner submits that since the dispute involves recovery while the petitioner was in service, there is no prohibition in either initiating the proceeding after superannuation or implementation of any such order involving the disciplinary authority.;
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