SANTOSH KUMAR MISHRA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) APPLICANT (Santosh Kumar Mishra) is a Member of 1983 batch of Indian Administrative Service. In this original application Under Section 19 of the Administrative Tribunals Act, 1985, he has challenged the order (of his suspension from services) dated 4th May, 2002 passed under Annexure-5, by branding the same being illegal, arbitrary, unjust and outcome mala fides. He has also sought for a direction to the respondents to allow him to maintain silence in the disciplinary proceedings on the face of the criminal cases initiated against him on self-same allegations.

(2.) The short facts of this case are that the applicant was posted as the Collector of Gajapati District of Orissa during the year 1992 and continued there till August, 1994. During the incumbency of the applicant as Collector of Gajapati District, some development works were undertaken/executed by the Project Administrator of Integrated Tribal Development Agency and that the successor Collector of said Gajapati District alleged to have reviewed the entire work done under the supervision of the applicant (as Collector of Gajapati) and pointed out (in a report to the State Government of Orissa) some irregularities alleged to have been committed by the applicant. On the basis of the said report, the State Government of Orissa, instead of inquiring into the matter depart-mentally, referred the matter to the Police for investigation and, accordingly, Vigilance Police Station cases were registered (as Berhampur) against the applicant on 1.10.1998. To bring home a case of mala fide, the applicant has alleged that, suddenly, a Vigilance Police raid was conducted in the house of the applicant, just before he was due to get promotion (to Super Time Scale) and a case of possessing properties disproportionate to the known sources of income was registered against him and the applicant was placed under suspension on 29.6.1999. It is the case of the applicant that while he was under suspension, the Departmental Promotion Committee was convened (on 19.7.1999) and the case of the applicant (for promotion to Super Time Scale) was kept in a sealed cover. Applicant was, later, reinstated on 22.12.1999 and, on his said reinstatement, the sealed cover was opened, belatedly on 7.2.2000; when it was found that the applicant had been assessed as unsuitable for such promotion. However, with the intervention of this Tribunal, the case of the applicant (for promotion) was recommended by the Departmental Promotion Committee on 2.6.2001 (which received the approval on 18.6.2001) and, before giving actual promotion, a disciplinary proceedings was initiated against the applicant and his promotion has again been withheld. He was then posted as Managing Director of OREDA w.e.f. 22.12.1999. It is the case of the applicant that on the basis of the Vigilance case (pertaining to the year 1992-1994) the respondents have, again, for the second time; placed the applicant under suspension (vide Annexure-5, i.e., State Government of Orissa Notification No. 14305 dated 4.5.2002) when the present posting of the applicant (in a State Government Corporation) is/was no way concerned with the departmental proceedings nor with the pending vigilance case. In support of his claim, the applicant has also relied upon the provisions Rule-3 of AIS (D&A) Rules and it has been stated by the Advocate for the applicant at the hearing, that without having any objective satisfaction (as required under the Rules governing the field) he has been placed under suspension mechanically. It has been alleged in this case that the respondent No. 2 (State Government) has been keeping the applicant under constant harrassment since 1998 by adhering to illegal and cooked up stories and, thereby, withholding his promotion. It is also the case of the applicant that if at all the disciplinary proceedings that has been initiated against him is allowed to proceed, then his defence in criminal case shall be seriously jeopardised.

(3.) APPLICANT has filed a rejoinder and additional rejoinder to the counter stating therein that on 29.6.1999, when placed under suspension, the applicant was functioning as the Managing Director of Orissa Textile Mills at Choudwar (a semi-Government organisation) and the said order was revoked on 22.12.1999 posting him as Chief Executive of O.R.E.D.A., which is another semi-Government Organisation. While continuing as such, for the second time, he has been visited with another order of suspension on 4.5.2002, vindictively. It has been urged by the applicant that for an alleged conduct of the year 1994 (while he was functioning as the Collector of Gajapati District of Orissa) he has been placed under suspension in the year 2002 that too when he was in a different place; which shows the non-application of mind of the authorities/ respondents. It has been urged by the applicant in Para-3 of his rejoinder that though the successor of the applicant, as Collector of Gajapati, had indulged in a number of illegal practices and many vigilance cases having been instituted against him, for his direct involvement in alienation of Govt. funds, no such drastic steps has been taken against him. It has been urged that the vigilance cases instituted against his successor, namely, Dr. H.K. Panda, are more or less referred to the allegation which he alleged against the applicant; and the only difference is that the applicant is implicated out of suspicion; whereas the said reporting successor is directly implicated as the Principal author of the said crime. In order to substantiate the above facts, he has also filed the copies of the FIRs (made against Dr. Panda; the successor of the applicant as Collector of Gajapati) as Annexure-6 series to the rejoinder. It has also been claimed that by making gross discrimination, the State Govt. did not make any such prosecution against Dr. Panda, but, however, with the intervention of the Spl. Judge, Vigilance (at the behest of the general public) though Vigilance cases have been registered, Dr. Panda has not yet been placed under suspension.