RAMA CHANDRA MOHANTY Vs. STATE OF ORISSA
LAWS(ORI)-2021-3-23
HIGH COURT OF ORISSA
Decided on March 17,2021

Rama Chandra Mohanty Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

B.P. Routray,J. - (1.) The Petitioner, a Judicial Officer, has sought the quashing of an order of compulsory retirement and for all consequential service benefits.
(2.) The Petitioner joined as a Probationary Munsif on 2nd January, 1985 at Dhenkanal being selected as such in due process of selection. On 7th March, 1987, he was posted as J.M.F.C., Soro and then at different places from time to time. In the year 1992, while serving as J.M.F.C., Aska, his service was appreciated by the then Hon'ble Chief Justice of Orissa, who recommended his promotion out-of-turn. The Petitioner was promoted out-of-turn as S.D.J.M., Kuchinda on 8th July, 1994. By efflux of time he was transferred to Jharsuguda as S.D.J.M., to Cuttack as 2nd Munsif and then promoted to the cadre of Civil Judge (Sr.Division) and posted as Registrar, Civil and Sessions Court, Bolangir on 27th September, 1999. He was then transferred as Civil Judge (Sr. Division), Kamakhyanagar, Civil Judge (Sr.Division), Dharmagarh and as Civil Judge (Sr.Division), Koraput. While serving at Koraput he was directed to retire in public interest with effect from 22nd March, 2010 vide Notification dated 9th March, 2010 of Government of Orissa in Law Department under Annexure-1.
(3.) During his tenure two departmental proceedings bearing D.P.No.9/03 and 4/07 were initiated against the Petitioner. In the first proceeding, in the year 2003, five charges were framed relating to unauthorized retention of Government quarters, deliberate delay in making payment of bills towards purchase of law journals for Bolangir Judgeship, illegal counting of leave in his own leave account in the year 2000-2001 and lesser deduction of rent towards occupation of Government quarters, touching to gross misconduct and failure in due discharge of duties under Rules 3 and 4 of the Orissa Government Servant Conduct Rules, 1959.;


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