JOGESWAR BAGH Vs. REGISTRAR (ADMN.) ORISSA HIGH COURT

JUDGEMENT

(1.) THE instant case reveals a very sorry state of affairs there remains a complete darkness in the light house itself. The matter relates to an employee working under the District & Sessions Judge Court, Sundargarh, whose services have been terminated without following the procedure known in law for imposing the major punishment, by the District Judge, Sundargarh and against which appeal has also been dismissed by the Appellate Committee consisting of the Honble Judges of this Court.

(2.) THE facts and circumstances giving rise to the case are that petitioner, a Scheduled Caste person, while working as a Process Server, Nizarat, Civil Courts, Rourkela, was attached to the Court of J.M.F.C., Rajgangpur to work as Night -Watchman -cum -Sweeper. He submitted an application for Casual Leave (C.L.) vide application dated 1.5.1993 for five days and sought permission to leave the headquarters for attending the marriage of his sister. The said application was rejected by the authority concerned and petitioner was informed accordingly. Petitioner left the key bunch of the Court at the residence of the Officer concerned on 2nd May, 1993 and left the headquarters without permission to attend his sisters marriage. Petitioner joined the duty on 10th May, 1993. A show cause notice dated 12.5.1993 was served upon him alleging that he remained absent without leave, leaving the key bunch at the residence of the Presiding Officer and leaving the headquarters without permission and he was asked to show cause as to why disciplinary actions be not taken against him,. He submitted the reply dated 11.6.1993 explaining the circumstances that he left the headquarters without permission as he was refused Casual Leave to attend the wedding of his sister as it was necessary for him to remain present there. After the marriage of his sister, he has to look after his ailing father as there was nobody to take his father to the hospital, and pleaded for being pardoned. Considering his reply to the said show cause, an order dated 26.8.1993 was passed by the Registrar -cum -Presiding Officer, Sundargarh holding the petitioner guilty of remaining absent from duty from 1.5.1993 to 10.5.1993 without leave and leaving the headquarters without permission and treating his reply as admission to the guilt. The recommendation was also made to the District Judge -cum - Disciplinary Authority, Sundargarh (hereinafter called the "Disciplinary Authority") to the effect that the delinquent be given severe punishment so that it would be lesson to others for committing such misconduct. The said order also reveals that the petitioner had also threatened the Presiding Officer, he was very arrogant and he had caused greater problem to the department. On the basis of the same, the Disciplinary Authority vide order dated 14.9.1993 imposed the punishment of removal from service for remaining absent for aforesaid said period of 9/10 days and while passing the order of punishment, the past conduct of the petitioner, particular that he had earlier been punished two times in Disciplinary Proceedings had also been taken into account. Being aggrieved petitioner preferred an appeal before this Court, which was dismissed vide order dated 10.8.1995. Hence this writ petition.

(3.) ON the contrary Mr. P. Panda, learned Addl. Standing Counsel for the opposite parties submitted that the past conduct of the petitioner had been very dissatisfactory as he had been imposed punishment in two departmental enquiries. One for committing a theft in the Court premises and for that Rs.3,136/ - was ordered to be recovered and in another for unauthorized absence one annual increment without cumulative effect had been stopped. Thus it was a fit case for imposing punishment of removal from service. The inquiry had been conducted strictly in accordance with law and no interference is warranted in this matter. The petition is liable to be dismissed.