WP(C)/7159/2014 of SATYANARAYAN DAS Vs REVIEWING AUTHORITY on 25 August 2026

ORDER

25.08.2026

8.

1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical) Mode.

2. On the oral prayer made by the learned counsel appearing for the Petitioner, he is permitted to correct the description of Opp. Parties as TPCODL in Court.

3. Heard learned counsel appearing for the parties.

4. The present Writ Petitio has been filed inter alia with the following prayer: “It is, therefore, prayed that this Hon’ble Court may be graciously pleased to admit this appeal and issue notice to the opp. parties requiring to show cause as to why the writ shall not be allowed and if the opp. parties fail to show cause or show insufficient cause, may be pleased to allow the present writ petition by quashing the impugned Order of Punishment at Annexure-22 as well as the subsequent rejection of appeal and review under Annexure-24 & 29; And may also pleased to pass such other or further orders as may be deemed fit and proper in the facts and circumstances of this case; And for such act of kindness, the appellant as in duty bound shall ever pray.

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5. It is contended that Petitioner while continuing as a Jr. Engineer subsequently re-designated as Jr. Manager in E-2 Grade, the proceeding in question was initiated vide charge memo dtd.15.12.1998 under Annexure-5.

5.1. It is contended that as per the Rules governing the field so framed by the Central Electricity Supply Company (CESU) which was brought into effect w.e.f 26.11.1998 enclosed under Annexure-14 in respect of an E-2 Grade employee, the Director is the Disciplinary authority and the Managing Director of the Company is the Appellate Authority.

5.2. It is contended that the proceeding in question was initiated under Annexure-5 rightly by the Director (Distribution) on 15.12.1998. However, the proceeding was disposed of by Opp. Party No.2, even though being the Appellate Authority with the following punishment vide order dated 20.02.2001 under Annexure-13.

(a ) Dismissed from service with immediate effect.

(b ) Period of suspension is treated as such.

5.3. It is accordingly contended that since the proceeding was disposed of by Opp. Party No.2, being the Appellate Authority, as provided under the rules, no such order of punishment could have been passed by Opp. party No.2, so passed vide the impugned order under Annexure-13 dtd.20.02.2001. It is however contended that challenging such order of punishment passed under Annexure-13, Petitioner when moved an appeal, the Appellate Authority-Opp. party No.3, while disposing the

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appeal vide order dtd.12.10.2001 under Annexure-22, modified the order of punishment to the following effect : After careful consideration of the appeal petition of Sri Satyanarayan Das, J.E(Elect.) on the punishment imposed vide this office Order No. 2380 dt. 20.2.2001, the undersigned in supersession of above earlier order, pass the following order.

i) Three annual increments are withheld with cumulative effect.

ii) He is warned to be careful in future.

(iii) The period of suspension is treated as such.

iv) Period of his dismissal shall be treated as duty.

v) An amount of R. 20,000/- is to be recovered for revenue No. 12544 Sri S.N.Das. J.E(Elect.) is posted as J.E(El) Electrical Section, Balanda under Talcher Electrical Division. Chainpal against existing vacancy.

5.4. Subsequently, review filed by the Petitioner was also rejected by Opp. Party No.3 vide order dated 20.02.2002 under Annexure-24 and further prayer to modify the order punishment so imposed vide order under Annexure-22 was also rejected vide communication dtd.15.01.2014 under Annexure-29. While assailing the impugned order of punishment initially passed by Opp. Party No.2 under Annexure-13, modified order of punishment imposed by OP No.3, vide order under Annexure-22, rejection of the review vide order under Annexure-24 and so also Annexure-29, learned counsel appearing for the Petitioner contended that since the very order passed in the Disciplinary Proceeding

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under Annexure-13 is an order passed by Opp. Party No.2 he being the Appellate Authority, the order of punishment so passed under Annexure-13, should have been set aside by Opp. party No.3 while exercising the power of Appellate Authority in toto. It is also contended that Petitioner in the meantime and during pendency of the Writ Petition has attained the age of superannuation since the year 2018. Making all these submission, learned counsel appearing for the Petitioner contended that with quashing of the order passed under Annexure-22,24 and 29, Petitioner be extended with the benefits as due and admissible.

6. Mr. B. Dash, learned counsel appearing for Opp. party Nos.1 to 3 on the other hand made his submission basing on the stand taken in the counter affidavit so filed.

6.1. It is contended that since in the proceeding so initiated against the Petitioner under Annexure-5 and the punishment initially imposed under Annexure-13, Petitioner has exhausted all the remedies by filing appeal and thereafter review and in appeal, the order of punishment initially passed under Annexure-13 was modified by imposing lesser punishments, no illegality or irregularity can be found with the impugned orders.

6.2. It is however not disputed that after passing of the order passed by the appellate authority, Petitioner was given the benefit of promotion to the next higher rank and retired while continuing under the Opp. parties in the year 2018.

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7. Having heard learned counsel appearing for the parties and considering the submission made, this Court finds that Petitioner while continuing in E-2 Grade as against the post of Jr. Manager, the proceeding in question was rightly initiated by the Director being the disciplinary authority vide Memorandum dtd.15.12.1998 under Annexure-5.

7.1. However, as found from the materials available on record, the proceeding was disposed of by Opp. party No.2 vide order dated 20.02.2001 under Annexure-13, even though as per the relevant Rules governing the field so available under Annexure- 14, Opp. party No.2 was the Appellate Authority. However, it is found that against the order of punishment passed under Annexure-13, Petitioner when filed an appeal, the CEO of the company-Opp. party No.3 modified the order of punishment vide his order dtd.12.01.2001 under Annexure-22. Review filed by the Petitioner against such order was rejected by Opp. Party No.3 vide order dated 20.02.2002 under Annexure-24 and by the General Manager of the company vide Annexure-29, who as per the considered view of this Court, is not the Reviewing authority.

7.2. It is found that the proceeding was disposed of by Opp. Party No.2 vide order under Annexure-13, being the appellate authority, and the said order was modified by opp.party No.3 vide order under Annexure-22, Review filed against order under Annexure-22 was rejected by Opp. party No.3 vide order under Annexure-24.

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7.3. Be that as it may, since the very proceeding initiated under Annexure-3 was disposed of by Opp. Party No.3, being the appellate authority under the relevant Rules, even though the said order was modified by Opp. Party No.3 vide order under Annexure-22, since the very disposal of the proceeding by Opp. party No.2 is bad in the eye of law, this Court is inclined to quash the modified order passed by Opp. party No.3 under Annexure-22 and the order passed in Review vide order under Annexure-24 as well as Annexure-29.

7.4. While quashing the orders issued under Annexure-22, 24 & 29, this Court directs Opp. Party-TPCODL to release all the benefits as due and admissible in favour of the Petitioner, taking into account the fact that the Petitioner has retired in the year 2018. This Court directs Opp. party No.2 to release all the benefits as due and admissible within a period of 3(three) years from the date of receipt of this order.

8. The Writ Petitioner accordingly stands disposed of.

(Biraja Prasanna Satapathy)

Judge sangita Digitally Signed Signed by: SANGITA PATRA Reason: authenticaton of order Location: high court of orissa, cuttack Date: 28-Aug-2026 18:27:41 Signature Not Verified