- (1.)The petitioner, who was working as a Mate (now as a Field Assistant) under the Orissa Forest Corporation Ltd. has filed this application assailing the order passed by the Disciplinary Authority imposing punishment vide order dated 31.07.2001, Annexure-7 and enhancement thereof in appeal by the appellate authority, vide order dated 29.08.2002, Annexure-11 giving compulsory retirement to the petitioner from service.
(2.)The factual matrix of the case in hand is that the petitioner while working as a Mate (now as a Field Assistant) was incharge of Jagannath Saw Mill Rayagada from January, 1983 to May 1984. The said saw mill was taken on contract basis at Rayagada and corporation timbers were being sawn there and it was functioning under Rayagada Sub-Division of Muniguda Division. On 2.5.1984 the petitioner passed 292 bundles of reapers of different length classes and entered the contents of passing particulars into passing register page no.22. But the allegation was that the petitioner has only entered 105 bundles in the stock register and thereafter the S.D.M. instructed him to submit the lot list on the same date. The petitioner did not submit the lot list in spite of the instruction and left the saw mill. There is allegation against the petitioner that he forced the watcher on duty to open the gate and allowed the truck bearing NO.ORL-524 to enter into the premises of the saw mill by loading 187 bundles of reapers and allowed one Jagannath Jena to leave the depot premises at 1.30 A.M. on 3.5.1984 along with the truck. On the next morning, the petitioner informed the S.D.M. that 187 bundles were stolen away from the depot, basing upon which, the S.D.M. conducted an inquiry and reported the matter to the Divisional Manager fixing responsibility on the petitioner. The Divisional Manager ordered for an enquiry and to submit a report fixing responsibility specifically for illegal removal of reapers in the dead of night. Consequence thereof, an inquiry was conducted by the Deputy Divisional Manager and statements were recorded. Thereafter the petitioner was terminated from service by order of the opposite party no.2 on 16.05.1984. Aggrieved by the said order, the All Orissa Forest Corporation Karmachari Sangha, Muniguda on 6.8.1984 moved opposite party no.1 protesting such termination of the petitioner. On consideration of the same, opposite party no.1 vide order dated 20.04.1985, Annexure-1 set aside the order of termination passed by opposite party no.2 and directed that the petitioner is allowed to join as Mate at Muniguda Division with immediate effect and the period from the date of termination till the date of his joining be treated as leave. After the petitioner was allowed to continue in service, a denovo proceeding was initiated on the basis of the inquiry report submitted by the Deputy Divisional Manager. Charges were framed against the petitioner vide letter dated 28.1.1987, Annexure-2 which reads as follows:-
"1. Not taken into the stock of 197 bundles of reapers.

2. Illegal disposal of 197 bundles of different sizes in night hours without issuing cash memo or challans and loss of corporation revenue.

3. Disobedience of orders."

The petitioner was called upon to file his explanation within a period of 15 days. In compliance to the same, the petitioner submitted his explanation on 25.4.1987 vide Annexure-4. Without considering the same, the final inquiry report was submitted on 27.12.2000 vide Annexure-6 and basing upon such inquiry report, opposite party no.3, the disciplinary authority passed order on 31.07.2001 vide Annexure-7 awarding the following punishment, which read as follows:

"1. The cost of 197 bdls. of reapers amounting to Rs.2,158.70 should be recovered from Sri Gouda at the present valuation from his pay bill in 7 (seven) instalments @Rs.300/- P.M. and Rs.58.70 in last instalment.

2. 3 (three) number of increments be stopped without cummulation effect.

3. He should not be taken into consideration for promotion for at least 5 years.

4. Heavily censured."

(3.)Against the said order of punishment vide Annexure-7, the petitioner preferred appeal before opposite party no.2 on 19.11.2001 vide Annexure-8. The appellate authority without application of mind mechanically enhanced the punishment imposed by the disciplinary authority to compulsory retirement and dismissed the appeal vide Annexure-11, which reads as follows:-
"ORDER:

The Appellant Sri Padma Nabha Gouda, Field Assistant is compulsorily retired amounting to premature retirement. Appeal is dismissed."

Hence this Writ Petition.