ORDER A. PATTANAYAK, ADMINISTRATIVE MEMBER — Facts of this O.A. which was filed on 31.7.06 and admitted on 1.08.06, are that the applicant was recruited as a Sepoy in 4th Btn., OSAP, on 1.8.85 and completed his training in 1986 and Refresher Course in 1990. He was transferred to 7th Btn., Bhubaneswar, on 27.5.95. A departmental proceeding vide Proceeding No. 44/01, dated 11.12.2001, (Annexure-1), was initiated against him for over-staying leave. On the basis of findings of the Inquiring Officer dated 3.08.02, (Annexure-3), the Commandant on 19.8.2003 imposed punishment of stoppage of increments for a period of 18 months carrying 3 Black Marks value and treating of overstayal of leave for a period of 246 days as no pay (Annexure-4). This appeal in the matter was rejected by the I.G., SAP, at Annexure-5. His review petition in the matter has also been rejected by the DGP, as per Annexure-6. In this O.A., the applicant submits that he was temporarily deputed to the district Police in State Police Headquarters order no. 3460/T dtd. 25.10.96 and relieved from OSAP on 16.11.96. He joined Dhenkanal district on 17.11.96. Sepoys who had been deputed to districts were recalled to the OSAP vide Office order no. 1797/T dtd. 10.7.2000. This was followed by Office Order No. 5482/T dtd. 26.8.2000 as per which relief on Sepoys deputed to districts was kept in abeyance until further orders. In office order No. 5783/T dtd. 3.2.2001, Superintendents of Police asked to relieve Sepoys on deputation to their districts for returning to the battalions. Finally as per office order no. 3681/T dtd. 27.09.01, Sepoys deputed to various districts were discharged from the O.S.A.P. with immediate effect and the applicant was posted to Angul district, but his posting was later changed to Dhenkanal district in office order no. 3752/T dtd. 5.10.2001. The applicant now submits that though his deputation to the district Police was twice sought to be cancelled as per order dated 10.7.2000 and 3.2.01, the said orders were stayed in order dtd. 26.8.2000 and 3.2.2001, and such Sepoys were finally discharged on 27.09.01 settling the matter with finality. The applicant submits that though he had sent applications in time to the District Reserve Office, those were neither filed nor taken into consideration during the disciplinary proceeding inquiry. He now impugns the departmental inquiry submitting that as he had been discharged from the O.S.A.P. vide order no. 3681/T dtd. The applicant submits that though he had sent applications in time to the District Reserve Office, those were neither filed nor taken into consideration during the disciplinary proceeding inquiry. He now impugns the departmental inquiry submitting that as he had been discharged from the O.S.A.P. vide order no. 3681/T dtd. 27.09.01, the Commandant, 7th Btn., OSAP, had no authority to draw up charges against him on 11.12.2001 as per Annexure-1 and hence the departmental inquiry and punishment should be quashed. He further submits that he has filed the medical certificates for his period of absence and these be taken into account and the period treated as leave due. 2.Counter in this case has been filed on 8.01.07 submitting that the applicant was relieved from 7th Btn., OSAP to join Dhenkanal district as a Constable in pursuance of Office order no.3752/T dtd.5.10.2001. It is also admitted that 7th Btn. Proceeding No.44 dtd.11.12.2001 was drawn up against the applicant for failing to report in 7th Btn., OSAP, pursuant to office order no.578/T dtd.3.2.2001 in spite of being relieved from Dhenkanal district with effect from 28.2.01. The proceeding was conducted by Sri H.K. Bhujbal as per rules and punishment order issued vide 7th Btn. Battalion Order No.2808/2003 directing stoppage of increment for a period of 18 months carrying three Black marks value and treating the period of over-stay for 246 days as no pay. It is further stated that his appeal petition and revision petition have been duly considered and rejected. 3.It is now to be decided if the punishment order imposed on the applicant is justified. 4.Heard both sides. 5.Learned counsel for the applicant submits that the applicant was no more under the disciplinary control of the Commandant O.S.A.P. on 11.12.01, i.e. when as per Annexure-1 the charges were drawn up against the applicant and on 19.8.03 when punishment order at Annexure-4 was imposed on the applicant, as the applicant had been discharged from the OSAP vide Office order no. 3861/T dtd.27.09.01 and had been posted to Dhenkanal district vide Office Order No. 3752/T dtd.5.10.2001. He also submits that applicant having been discharged from 7th Battalion, OSAP, by virtue of Police Headquarters Office order no. 3681/T dtd.27.9.01, the relief order issued by the Superintendent of Police, pursuant to Office order no. 3861/T dtd.27.09.01 and had been posted to Dhenkanal district vide Office Order No. 3752/T dtd.5.10.2001. He also submits that applicant having been discharged from 7th Battalion, OSAP, by virtue of Police Headquarters Office order no. 3681/T dtd.27.9.01, the relief order issued by the Superintendent of Police, pursuant to Office order no. 5783/T dtd.3.2.01 could not have given effect to as the applicant was never physically relieved though ordered for physical relief, as the applicant was on medical rest as advised by the Medical Officer. 7.Heard learned Standing Counsel. He submits that the applicant was duly relieved to join the battalion but to chose to over-stay leave for a period of 246 days. It is further stated that in view of the relief order passed by the S.P., Dhenkanal vide Annexure-9, vide D.O.no. 334 dtd.28.2.2001, pursuant to office order no.578/1 dtd.3.2.2001, the charges have rightly been drawn up by the Commandant, 7th Battalion, OSAP, particularly when no evidence has been produced to indicate that the applicant had been relieved from the 7th Battalion, OSAP, pursuant to Office Order no. 3681 dtd.27.09.01. 8.Perusal of the relevant proceeding file and relevant orders reveals that the applicant was discharged from the OSAP., 7th Battalion in pursuance of office order nos. 3681 dtd.27.09.2001 and 3.7.52/TM dtd.5.10.2001 (Annexure-8) and was no more in either 7th Battalion or in the OSAP cadre on 11.12.01 when the impugned charges at Annexure-1 were drawn up on 11.12.2001 by the Commandant, 7th Battalion, who was no more the disciplinary authority after discharge of the applicant from the OSAP. Similarly, punishment orders at Annexure-4 vide B.O.No.2808 dtd.19.8.03 have also been passed by the Commandant OSAP, 7th Battalion, after the Commandant had ceased to be his appointing authority from 5.10.2001, after his discharge from the 7th Battalion, OSAP. Hence, as the charges have been drawn up by an authority not competent to draw up such charges and thereafter punishment orders have also been passed by an authority not competent to issue such orders, the charges at annexure-1 and punishment orders of annexure-4, along with orders on appeal and review stand quashed. The applicant may be allowed the consequential benefits of such orders within a period of six months. With these orders, the O.A. is disposed of. O.A. disposed of.