MALLAPPA C. RANGANA GOUDA Vs. UNION OF INDIA
HIGH COURT OF ORISSA
MALLAPPA C RANGANA GOUDA
UNION OF INDIA
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Biswanath Rath, J. -
(1.) This writ petition involves a challenge to the order of the Appellate Authority under Annexure-7 as well as final order being passed by the Appellate Authority after the response to the show-cause being considered by the Appellate Authority under Annexure-10.
(2.) Short background involving the case is that petitioner being charge-sheeted on suppression of fact of his detention in criminal case under Sections 307/506 of I.P.C and Section 25 of the Arms Act, while he was on authorized leave. Petitioner faced the enquiry proceeding. On conclusion of the enquiry proceeding in participation of the petitioner, enquiry report was submitted holding the petitioner guilty. It is based on the enquiry report, the Disciplinary Authority passed the final order vide Annexure6 thereby imposing penalty of reduction of pay to the minimum stage, i.e. from Rs.3,125/- to 3,050/- in the time scale of pay for a period of two years with immediate effect. It was also further ordered that during this period of reduction of pay, the delinquent earned increment of pay and on expiry of period of reduction of pay will not have the effect of postponing his future increment. It was also directed therein that order of his suspension from duty will be passed later on.
(3.) Petitioner preferred appeal but in the meantime petitioner received a show-cause notice from the higher authority also functioning as Appellate Authority, vide Annexure-7 on his disagreement with the punishment imposed by the Disciplinary Authority and on taking a decision as to why petitioner shall not be dismissed from service, asking the petitioner to submit his response within a period of fifteen days. Following the response from the petitioner vide Annexure-8, the Higher Authorities enhanced the punishment imposed by the Disciplinary Authority to that of dismissal from service. This order was again reiterated while passing the order in appeal being communicated by the Appellate Authority in disposal of appeal of the petitioner, vide Annexure-10 impugned herein.;
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