Pabitra Matia vs State Of Odisha

Headnote AI-drafted · Reviewed and approved

The petitioner, working as Administrative Officer in the Office of the Chief Architect, Odisha, challenged the order dated 19.10.2023 passed by the Principal Secretary, Works Department, rejecting his representation seeking revocation of the suspension order dated 14.12.2022 placed upon him while initiation of disciplinary proceedings under Rule 15 of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 was under contemplation. The petitioner also sought quashing of the order dated 07.12.2023 appointing an Inquiring Officer under Rule 17 read with Rule 15(4) of the said Rules to inquire into charges of showing undue favour to a third party employee, deliberately disobeying government orders, and misinterpreting orders of the Promotion Adalat.

The factual matrix disclosed that the petitioner had placed before the Chief Architect files pertaining to regularisation of one Sri Tapan Kumar Patra's officiating promotion, consequent upon which an order granting deemed promotion was issued on 13.04.2022 and subsequently cancelled on 29.04.2022. A show cause notice dated 22.06.2022 was thereafter issued to the petitioner and three other employees alleging gross misconduct, dereliction of duty, causing wrongful pecuniary loss to the Government, and violation of the Odisha Government Servants' Conduct Rules, 1959, while a matter involving Sri Patra was sub judice before the High Court.

The petitioner had earlier approached this Court in W.P.(C) No.30112 of 2023, wherein this Court directed the Principal Secretary to consider and dispose of the petitioner's representation dated 09.01.2023 within ten days. The impugned order dated 19.10.2023 rejecting the said representation and the subsequent order appointing an Inquiring Officer formed the subject matter of challenge in the present writ petition under Articles 226 and 227 of the Constitution of India.

Catchwords: suspension · disciplinary proceedings · government servant · undue favour · dereliction of duty · gross misconduct · Odisha Civil Services Classification Control and Appeal Rules · Promotion Adalat · regularisation · officiating promotion · writ petition · service law