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2000 DIGILAW 2 (ORI)

NARENDRANATH DALAI v. MANAGING DIRECTOR, TRIBAL DEVELOPMENT CO-OPERATIVE CORPORATION OF ORISSA LTD.

2000-01-04

P.K.MISRA, P.K.MOHANTY

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( 1 ) HEARD counsel for the parties. ( 2 ) THE petitioner was an employee under the Tribal Development Co-operative corporation, Orissa. A disciplinary proceeding was initiated against him and ultimately by order dated June 3, 1988 he was removed from the service as per Annexure-6. Thereafter the petitioner preferred an appeal as contemplated under the Tribal Development Co-operative corporation Employees Disciplinary proceedings and Appeal Rules, 1988 (hereinafter called the 'rules' ). The said appeal has been rejected by the appellate authority by passing the following order :-"on careful perusal of the record, I see no reason to interfere with the order of the managing Director. The delinquent had been afforded all opportunities to present his case at the enquiry stage and the present petition does not bring out any new ground or argument. The appeal is devoid of any merit and is rejected. "the order of removal confirmed in appeal is under challenge. ( 3 ) IN Rule 14 of the Rules, the manner of disposal of an appeal has been indicated. The provisions are quoted hereunder.-"14. Consideration of appeals :- (1) In the case of an appeal against an order imposing any of the penalties specified in rule 5, the appellate authority shall consider (a) Whether the procedure prescribed in these rules had been complied with and if not, whether such non-compliance has resulted in violation of any provisions of the rule. (b) Whether the findings are justified, and, (c) Whether the penalty imposed is excessive, adequate or inadequate, and pass suitable orders (1) Setting aside, reducing, confirming, or enhancing the penalty, or (ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case. (iii) Provided that no order imposing an enhanced penalty shall be passed, unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty, and (2) Copies of the orders passed by the appellate authority shall be supplied to the appellant free of cost. (3) The authority which made the order appealed against shall give effect to the orders passed by the appellate authority. (3) The authority which made the order appealed against shall give effect to the orders passed by the appellate authority. " ( 4 ) A bare perusal of the order passed by the appellate authority under Annexure-10 clearly indicates that the appellate authority has not disposed of the matter as required to be done under Rule 14 and has not considered the case of both the parties nor discussed any of the materials in the light of the provisions contained in Rule 14. Having regard to the facts and circumstances of the case, we quash the order dated May 2, 1989 under Annexure-10 and call upon the appellate authority to re-dispose of the appeal in accordance with the rules, particularly, Rule 14. The appellate authority shall give opportunity of hearing to the appellant and re-dispose of the appeal, as expeditiously as possible, preferably within a period of six months from the date of receipt of this order. ( 5 ) THE writ application is accordingly allowed to the extent indicated above. There will be no order as to cost. ( 6 ) REQUISITES for issuing writ shall be filed by day after tomorrow.