The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17823 of 2021 In the matter of an application under Articles 226 & 227 of the Constitution of India. ……………… Debi Prasad Dash …. Petitioner -versus- State of Odisha & Ors. …. Opposite Parties For Petitioner : Mr. S.K. Das, Advocate For Opp. Parties :
Legal Reasoning
Mr. A. Tripathy Addl. Govt. Advocate PRESENT: THE HON’BLE JUSTICE BIRAJA PRASANNA SATAPATHY --------------------------------------------------------------------------------------- Date of Hearing: 15.09.2025 and Date of Judgment: 15.09.2025 --------------------------------------------------------------------------------------- Biraja Prasanna Satapathy, J. 1. This matter is taken up through Hybrid Mode. 2. Heard Mr. S.K. Das, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. Written notes of submission filed in Court be kept in record. // 2 // 3. The present writ petition has been filed inter alia challenging the enquiry report submitted on 26.10.2017 under Annexure-11 and the order of punishment passed by the disciplinary authority-Opp. Party No. 2 vide order dtd.17.07.2019 under Annexure-19, further confirmed by the appellate authority-Opp. Party No. 1 vide order dtd.02.06.2021 under Annexure-21. 4. It is the case of the Petitioner that while continuing at Puri, Petitioner was transferred and posted to Deogarh vide order dtd.26.07.2012. Petitioner thereafter was relieved from Puri district on 02.08.2012 in order to enable him to join in his place of transfer at Deogarh. 4.1. It is contended that after such relieve from Puri district on 02.08.2012 since Petitioner suffered from V-Hepatitis, he remained as an indoor patient in CHC, Bramhagiri for the period from 04.08.2012 to 07.08.2012 so reflected under Annexure-1 series. 4.2. It is also contended that subsequently as he did not recover, Petitioner was referred to SCB Medical College & Hospital, Cuttack on 07.08.2012 and remained under treatment in SCB Medical College & Hospital, Cuttack w.e.f.08.08.2012 till he was declared as fit to Page 2 of 9 // 3 // resume his normal duty on 24.05.2013 so reflected vide Annexure-1 series. 4.3. It is also contended that taking into account such suffering of the Petitioner, Petitioner also moved S.P., Deogarh seeking leave vide leave application submitted on 09.08.2012 and subsequent application submitted in that regard under Annexure-2 series. It is also contended that during his treatment in SCB Medical College& Hospital, Cuttack, Petitioner when was referred to the Standing Medical Board, the said Board in its report available under Annexure-4 also held that Petitioner is suffering and under treatment in SCB Medical College & Hospital, Cuttack in the proceeding dtd.11.09.2012. In the said proceeding Petitioner was also advised to take rest for another four (4) weeks. 4.4. It is also contended that subsequently on being referred once again to the Standing Medical Board, Petitioner was examined on 12.07.2013 and taking into account the treatment of the Petitioner from 04.08.2012 to 23.05.2013, it was advised to sanction the leave in favour of the Petitioner. 4.5. Learned counsel appearing for the Petitioner contended that on the face of such documents available with the Opp. Parties, Opp. Party Page 3 of 9 // 4 // No. 2 being the disciplinary authority, initiated the proceeding against the Petitioner vide Deogarh District Proceeding No. 5 of 2013 under Annexure-5 with the allegation that Petitioner remained on unauthorized leave from 04.08.2012 to 23.05.2013. 4.6. Learned counsel appearing for the Petitioner contended that even though Petitioner participated in the said proceeding with filing of his written statement of defence as well as before the Enquiry Officer, but the Enquiry Officer without proper appreciation of the report submitted by the Standing Medical Board under Annexure-4 & 6, held the Petitioner guilty of the charges vide the enquiry report submitted on 26.10.2017 under Annexure-11. 4.7. It is however contended that even though the Enquiry Officer took note of all the report of Standing Medical Board so available under Annexure-4 & 6, but without proper appreciation of the same, held the Petitioner guilty of the charges. Basing on such report submitted by the Enquiry Officer, Opp. Party No. 2 being the disciplinary authority with issuance of the 1st & 2nd show-cause and without proper appreciation of the reply made by the Petitioner to the said show-causes, while disposing the proceeding vide the impugned Page 4 of 9 // 5 // order dtd.17.07.2019 under Annexure-19, imposed the following punishment:- “One Black mark, period of absence from 04.08.2012 to 23.05.2013 was treated as unauthorised absence and hence No Pay.” 4.8. It is contended that challenging such order of punishment Petitioner though moved an appeal before Opp. Party No. 1, but the appellate authority without proper appreciation of the grounds of appeal, also rejected the same vide order dtd.02.06.2021 under Annexure-21. 4.9. Learned counsel appearing for the Petitioner contended that since after his relieve from Puri district on 02.08.2012, Petitioner remained under treatment from 04.08.2012 to 23.05.2013 and time and again on being referred to the Standing Medical Board, the said illness of the Petitioner was duly proved with recommendation to sanction leave for the said period, on the face of such documents available, the proceeding could not have been initiated with the charges indicated in Annexure-5. 4.10. It is also contended that even though Petitioner all through took such stand in course of the proceeding, but without proper appreciation, Opp. Party No. 2 while disposing the proceeding, Page 5 of 9 // 6 // imposed the punishment of one black mark and treated the period of absence as No Pay vide order under Annexure-19. The appellate authority also confirmed the same vide order under Annexure-21. 4.11. It is contended that on the face of the report submitted by the Standing Medical Board under Annexure-4, 6 & 12, coupled with the documents available under Annexure-1 series, it cannot be held that Petitioner remained on unauthorized absence from 04.08.2012 to 25.03.2013. Making all such submissions, learned counsel appearing for the Petitioner contended that the impugned order of punishment requires interference of this Court. 5. Learned Addl. Govt. Advocate on the other hand made his submissions basing on the stand taken in the counter affidavit so filed by the Opp. Parties. It is contended that after being relieved from Puri district on his transfer to Deogarh district on 02.08.2012, since Petitioner never joined till 23.05.2013, the proceeding in question was initiated with the charges indicated in Annexure-5. 5.1. It is contended that in the enquiry so conducted, the Enquiry Officer found the Petitioner guilty of the charges and by following due procedure of law with issuance of the 1st & 2nd show-cause with consideration of the replies made thereto, disciplinary authority-Opp. Page 6 of 9 // 7 // Party No. 2 while disposing the proceeding, imposed the punishment of one black mark and treat the period of absence as No Pay. 5.2. It is also contended that the appellate authority after due appraisal of the grounds of appeal, also confirmed the order of punishment while dismissing the appeal vide order dtd.02.06.2021 under Annexure-21. It is contended that since there is no allegation that the relevant provisions were not followed in the proceeding nor principle of natural justice was violated, no illegality or irregularity can be found with the impugned order of punishment. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner while continuing in Puri district, he was put under transfer to Deogarh district vide order dtd.26.07.2012. As found Petitioner was relieved from Puri district on 02.08.2012. As further found from the record, Petitioner after being so relieved, was admitted in CHC, Bramhagiri on 04.08.2012 and thereafter referred to SCB Medical College & Hospital on 07.08.2012. Petitioner remained under treatment in SCB Medical College & Hospital for the period from 08.08.2012 to 23.05.2013, so reflected in the documents available under Annexure-1 series. Page 7 of 9 // 8 // 6.1. It is also found from the record that Petitioner was sent to the Standing Medical Board in order to ascertain his illness and vide Annexure-4, 6 & 12, Standing Medical Board clearly held that Petitioner because of suffering for the period from 04.08.2012 to 23.05.2013 remained absent and the Standing Medical Board also recommended for sanction of the leave. 6.2. On the face of the documents available under Annexure-1 series and the report of the Standing Medical Board so available under Annexure-4, 6 & 12, it is the view of this Court that the ground on which Petitioner was imposed with the punishment, is not sustainable in the eye of law. It is also the view of this Court that Petitioner never remained on unauthorized leave for the period in question and no such proceeding should have been initiated against the Petitioner. 6.3. In view of the aforesaid analysis, this Court is inclined to quash the order of punishment so passed by Opp. Party No. 2 on 17.07.2019 under Annexure-19, further confirmed by the appellate authority-Opp. Party No. 1 vide order dtd.02.06.2021 under Annexure-21. While quashing both the orders, this Court directs Opp. Party No. 2 to regularize the period of service from 04.08.2012 to 23.05.2013 as leave due and admissible with passing of an appropriate order in that Page 8 of 9 // 9 // regard. Opp. Party No. 2 is further directed to extend all service and financial benefits as due and admissible for the said period. This Court directs Opp. Party No. 2 to complete the entire exercise within a period of six (6) weeks from the date of receipt of this order.
Decision
7. The writ petition accordingly stands disposed of. Orissa High Court, Cuttack Dated the 15th of September, 2025/Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Sep-2025 16:51:16 Page 9 of 9