CUTTACK: The Orissa High Court has quashed departmental proceedings against former chief engineer of Energy department Nalikanta Mohapatra for misconduct with regard to lack of supervision in erection of towers back in 1987.
A single judge bench of Justice Biraja Prasanna Satapathy said, “This court finds that the petitioner retired from service on attaining the age of superannuation on 31.05.2011 and the proceeding in question was initiated on 26.07.2018. This court after going through the provisions contained under rule 7 (2) (b) (ii) of the rules is of the view that no proceeding can be initiated in respect of any event which had taken place prior to four years of the retirement of the petitioner.”
Mohapatra had challenged the proceedings in the State Administrative Tribunal (SAT) and an interim stay order on the proceedings was issued in 2018. The pending case was transferred to the high court after SAT was abolished in 2021. Advocate Rajib Rath represented Mohapatra in the high court and contended that the proceedings violated the clear provisions contained under rule 7 (2) (b) of the OCS (Pension) Rules, 1992. Disciplinary proceedings shall not be in respect of any event which took place more than four years before such institution of the case, the provision in the rule stated.
The charge against Mohapatra was framed for his alleged negligence in duty and lack of proper supervision regarding the two transmission towers which were uprooted in 2003.