The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.354 of 2025 Satya Ranjan Mohanta …. Appellant -Versus- State of Odisha and others …. Respondents Advocates appeared in this case: For Appellant
Legal Reasoning
: Mr. R.N. Mishra, Advocate For Respondents : Mr. D. Mohanty, Additional Government Advocate CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.S. SAHOO J U D G M E N T -------------------------------------------------------------------------------------- Date of hearing and judgment: 18th March, 2025 -------------------------------------------------------------------------------------- ARINDAM SINHA, ACJ. 1. Mr. Mishra, learned advocate appears on behalf of appellant and submits, his client is aggrieved by order dated 24th September, 2024 of the learned single Judge partly allowing the writ petition. His client Page 1 of 6 wanted to submit defence to the charge. By impugned order, his client was relegated to position of replying to the second show cause notice. 2. He draws attention to impugned order dated 24th September, 2024 to point out, thereby was found major lacuna on part of the disciplinary authority in concluding the proceeding by imposing punishment. The learned single Judge failed to appreciate facts that went before. They are that show cause notice dated 31st August, 2019 stood issued to his client giving him 30 days to, inter alia, submit his written statement of defence. The notice did not include copies of documents, on basis of which the charge was proposed to be sustained. His client made prayer for those documents being furnished. He draws attention to letter dated 14th October, 2019, whereby his client was given access to the documents. Text of the letter is reproduced below. “You are directed to attend the Office of the undersigned during the office hour within 3 (three) days from issue of this letter and receive the required documents as desired for submission of statement of defence on charge framed against you. This is for your information and necessary action.” W.A. no.354 of 2025 Page 2 of 6 The Inquiry Officer (IO) issued notice dated 23rd October, 2019 for commencement of enquiry. In these facts, this Court in appeal should interfere to set aside the inquiry report upon direction for his client’s response to be filed and considered on fresh enquiry. 3. Mr. Mohanty, learned advocate, Additional Government Advocate appears on behalf of State. He submits, the charge was production of fake document to obtain appointment. Strict adherence to disciplinary procedure was not required in the circumstances. In any event, respondent no.5 (Disciplinary Authority/DA), in obedience to impugned order will proceed for considering imposing punishment upon response had from appellant on the second show cause notice. No interference in appeal is warranted. 4. Mr. Mohanty draws attention to a paragraph in the report, reproduced below. “I asked to Sri Satya ranjan Mohanta to submit the C.T. certificate and mark sheet in support with his claim in defense of the charges framed against him but he stated that no certificate is existing with him and had submitted all his relevant certificates in course of appointment in his personal file. I tried to find out his personal file with Sri Bhagabat Mohanta W.A. no.354 of 2025 Page 3 of 6 Marshalling Officer, but it was not found. Moreover, he stated that if his personal file would be returned back to him he would have submitted all his certificates. In course of inquiry the delinquent submitted a written defense wherein he stated that he has passed C.T. exam genuinely and by mistake the Board of Secondary Education, Cuttack has proved his C.T. certificate and mark sheet a fake one. He has passed the C.T. exam and able to get his engagement.” (emphasis supplied) He submits, appellant had and has no defence to the charge. He reiterates, there be no interference in appeal. On query, he submits, the forged document was not disclosed in the counter filed. 5. We have seen relevant rules in Odisha Civil Services (Classification, Control and Appeal) Rules, 1962. There is no controversy before us that the major lacuna noticed by the learned single Judge existed in the disciplinary proceeding. Question for adjudication is, whether appellant should be given an opportunity to place his defence in the enquiry, upon said inquiry report dated 25th October, 2019, set aside. W.A. no.354 of 2025 Page 4 of 6 6. We had made query to Mr. Mohanty on perusal of relied upon paragraph in the inquiry report, reproduced above. It is clear from the paragraph that the alleged fake/forged document was not produced in the enquiry. In preceding paragraph of the report, there is conclusion by the IO that the document must be fake, being a pass certificate, when appellant had failed in the examination. To us, this is insufficient for proceeding to recommend punishment on finding guilt, as done by the IO in the report. 7. Furthermore, the disciplinary proceeding containing major lacuna required a stage in it to be redone, as directed by the learned single Judge. As such, respondent no.5 cannot assert resistance to further interference, when it itself caused the lacuna. When there has to be restoration of a stage in the proceeding and there are facts to show appellant was not furnished documents in time, as being good reason for not submitting his statement of defence in time along with view expressed in last preceding paragraph, we think fit to set aside the inquiry report and restore the proceeding to holding of fresh enquiry. We further direct appellant will file written statement of defence by 28th March, 2025. In the meantime, respondent no.5 will appoint some other W.A. no.354 of 2025 Page 5 of 6 competent persons as per the rules as IO, to enter upon and conduct the inquiry. 8. Impugned order is modified to above extent. The appeal is
Decision
disposed of. ( Arindam Sinha ) Acting Chief Justice Judge ( M.S. Sahoo ) M. Panda/A. Nanda Signature Not Verified Digitally Signed Signed by: ANISHA NANDA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2025 12:11:18 W.A. no.354 of 2025 Page 6 of 6