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by sayum
22 December 2025 1:30 AM
“Disciplinary Authority Cannot Punish Behind a Veil of Silence” – In a scathing critique of procedural impropriety in service law, the Orissa High Court quashed a disciplinary order passed against Sri Manoranjan Mohapatra, a retired Assistant Engineer of the Odisha Government. In the case titled Sri Manoranjan Mohapatra v. State of Odisha & Others, Justice Savitri Ratho held that the imposition of a minor penalty without disclosing reasons for disagreement with the Inquiry Officer’s exoneration was a direct violation of Rule 15(10)(i)(b) of the Odisha Civil Services (Classification, Control & Appeal) Rules, 1962.
The Court declared that the show cause notice served on the petitioner was an “empty formality”, which “failed to offer any meaningful opportunity of defence”, and held the punishment order dated 09.02.2016 as legally unsustainable.
“Discipline Must Follow Due Process” – Factual Background
The petitioner was appointed as a Stipendiary Engineer in 1991 and served in various capacities, including as an Assistant Engineer in the Panchayati Raj Department. While posted at Koksara Block in Kalahandi district, he supervised the construction of a primary school building. Allegations arose regarding defective slab casting, leading to a charge memorandum dated 19.12.2006 being served under Rule 15 read with Rule 17 of the OCS (CCA) Rules.
A departmental inquiry was held, and by report dated 29.06.2013, the Inquiry Officer exonerated the petitioner of the charges, specifically ruling out dereliction of duty, misconduct, or financial loss to the Government.
Despite this, the Disciplinary Authority issued a show cause notice dated 01.06.2015, proposing punishment, and ultimately imposed stoppage of one increment without cumulative effect. This order was challenged before the Odisha Administrative Tribunal, which issued an interim stay. Following abolition of the Tribunal, the matter was transferred to the High Court.
“The Reasons Must Precede the Punishment, Not Follow It” – Legal Issue and Court’s Observations
The principal issue before the Court was whether the disciplinary authority could impose a penalty on the petitioner after disagreeing with the Inquiry Officer’s exoneration, without disclosing reasons for such disagreement in the show cause notice, as required by Rule 15(10)(i)(b).
Justice Ratho held that the omission to furnish reasons vitiated the entire disciplinary process, stating:
“Annexure-7 does not contain the reasons in brief on the basis of which the Disciplinary Authority disagreed with the findings of the Enquiring Officer. The show cause notice, therefore, amounts to an empty formality.”
The Court found that the Disciplinary Authority had already made up its mind, as the show cause did not tentatively propose punishment but rather announced it, giving the petitioner no real opportunity to persuade the authority to accept the exoneration.
“It appears that the Disciplinary Authority had already decided what punishment to impose while issuing this show cause notice.”
“Natural Justice Is Not a Ritual; It’s the Foundation” – Citing Supreme Court Precedents
The Court invoked a line of authoritative decisions, including:
Ram Kishan v. Union of India, (1995) 6 SCC 157
Punjab National Bank v. Kunj Behari Misra, (1998) 7 SCC 84
Yoginath D. Bagde v. State of Maharashtra, (1999) 7 SCC 739
In Ram Kishan, the Supreme Court had ruled:
“Unless the disciplinary authority gives specific reasons in the show cause... it would be difficult for the delinquent to satisfactorily give reasons... In the absence of any ground or reason in the show cause notice, it amounts to an empty formality.”
The High Court emphasized that this principle was directly applicable:
“Even though the petitioner has submitted a representation, the show cause notice did not meet the statutory and legal requirements... and is therefore liable to be quashed.”
“Rules Are Not Decorative — They Are Binding” – On Statutory Mandate under Rule 15(10)(i)(b)
The Court reaffirmed that Rule 15(10)(i)(b) of the Odisha CCA Rules is not a matter of administrative discretion but a statutory obligation. It mandates that before imposing any penalty where the Disciplinary Authority disagrees with the Inquiry Officer, the delinquent must be informed of the reasons for such disagreement, and be given a fair chance to respond.
Justice Ratho observed:
“The CCA Rules are statutory. Departure from the same is not a mere irregularity but an illegality.”
She also cited a Division Bench ruling of the same Court in Dr. Raj Kishore Sahu v. Government of Orissa, 102 (2006) CLT 737, which had held that any punishment imposed without disclosing such reasons amounts to a denial of natural justice.
No Remand in Light of Superannuation
Although ordinarily the matter would have been remanded for reissuance of a valid show cause notice, the Court refused to do so since the petitioner had already superannuated, and the punishment had not been enforced due to an interim stay since 2016.
“As the petitioner has superannuated in the meanwhile, instead of remitting the matter, I deem it proper to quash Annexure-9 imposing punishment on the petitioner.”
The Orissa High Court’s ruling in Sri Manoranjan Mohapatra v. State of Odisha is a firm reaffirmation that disciplinary proceedings, even when involving minor penalties, must comply strictly with rules and natural justice.
The Court's clear message is that a government employee cannot be punished based on undisclosed or post-facto reasoning and that “natural justice cannot be sacrificed on the altar of administrative convenience.”
“Disciplinary authority cannot punish behind a veil of silence. The rule of law demands transparency and fairness in action.”
“The writ petition is accordingly allowed. The order dated 09.02.2016 (Annexure-9) is quashed. No order as to costs.”
Date of Decision: 30 May 2025
