Orissa HC quashes disciplinary proceeding against retired college reader, orders release of pension

The disciplinary proceeding was not finalised even as Mohanty attained the age of superannuation on August 31, 2015.
Orissa High Court.
Orissa High Court.

CUTTACK: The Orissa High Court has ordered the release of pension and other benefits to Sangram Keshari Mohanty, who retired as a reader in English at government-aided Sadhu Goureswar College, Kanikapada in Jajpur district eight years back.

Mohanty’s pension and other benefits were withheld as disciplinary proceeding was pending against him. However, the court ruled that the proceeding cannot continue against Mohanty after retirement. The proceeding for misconduct was initiated at the instance of sub-collector-cum-president of the governing body of the college on February 3, 2013, as per provisions of Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974.

However, the proceeding was never finalised even as Mohanty attained the age of superannuation on August 31, 2015. Citing the Odisha Aided Educational Institution’s Employees Retirement Benefits Rules, 1981, Mohanty had filed a petition in the high court in 2016.

While disposing of the petition, Justice Biraja Prasanna Satapathy said, “This court is of the view that the proceeding against the petitioner since could not be completed prior to his superannuation, the proceeding cannot continue in absence of any provision to that effect either under the 1974 Rules or under the 1981 Rules.”

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