SIBA NARAYAN NAIK Vs. UNION OF INDIA
HIGH COURT OF ORISSA
Siba Narayan Naik
UNION OF INDIA
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Biswanath Rath,J. -
(1.) This writ petition involves a challenge to the dismissal order dated 14.5.1998 passed by the Disciplinary Authority, vide Annexure-6, the order dated 6.12.2006 of the Appellate Authority, vide Annexure-11, the order dated 24.8.2007 passed by the Revisional Authority, vide Annexure-13 and the order dated 25.9.2007 passed by the Reviewing Authority, vide Annexure-15.
(2.) Taking this Court to the pleadings available on record and also the materials appended thereto at Annexure-1 as well as Annexure-2 series, Sri Behera, learned counsel for the petitioner in view of the materials disclosure therein through the above documents and for the nature of admitted ex parte disposal of Disciplinary Proceeding herein submitted that for the medical disclosure, at least on filing of the appeal, the Disciplinary Proceeding should have been directed to be opened. It is in this context, a submission is also advanced by Sri Behera in spite of raising the ground before the Revisional Authority as well as the Reviewing Authority, both the Authorities have mechanically disposed of both the Revision as well Review Applications. It is at this stage, taking this Court to the observation of the Disciplinary Authority in paragraph-4 of the impugned final order in the Disciplinary Proceeding, Sri Behera, submitted that for the regularization of the leave period so also the unauthorized period in the manner prescribed therein, in all probability, the petitioner should have been allowed to continue in service.
(3.) Entering into contest, Sri Mohanty, learned Central Government Counsel appearing for the Union of India and the Department involved herein though did not dispute the presence of materials in the writ petition on establishing the fact that the petitioner was under mental treatment for quite some period, but, however, submitted that, it is at this stage, the veracity of the materials cannot gone into without the delinquent establishing the same through evidence. Sri Mohanty, learned Central Government Counsel, however did not dispute that the Disciplinary Proceeding was initiated basing upon the Charge-Sheet, vide Annexure-3 on 19.09.1997 and was concluded finally on passing of the dismissal order by the Disciplinary Authority on 14.05.1998 and an ex parte one. The Authority for non-co-operation of the delinquent had no other option than to close the Disciplinary Proceeding ex parte.;
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