The Supreme Court quashed the charge sheet against a retired judge facing departmental proceedings for alleged irregularities in the process of selection of ‘caretaker’ in Odisha. The apex court said that she is entitled to all retirement benefits. A bench of Justices Ajay Rastogi and Bela M Trivedi noted that as per the Odisha Public Services (Pension) Rules, 1992, an inquiry can be initiated against a retired employee after obtaining the approval of the government and so within four years of ceasing to hold that post. should be done during the period of
According to the bench, the petitioner in the present case is believed to have retired from service on July 31, 2021 and the charge sheet was presented in October, 2021. The chargesheet pertains to the period when the petitioner served as a registrar from June 28, 2012 to October 3, 2015. This is unquestionably beyond the period of four years after the work in that institution.
The bench said that in the given facts and circumstances, in our view, the charge sheet given to the petitioner on October 11/16, 2021 is a clear violation of the order of Rule 7 of the Rules 1992. Granting relief to the judicial officer, the apex court said that she is entitled to all retirement benefits, if withheld pending departmental inquiry, along with interest on the said amount at the rate of nine per cent per annum from that date. also be paid, from the time it was stopped.
The top court was hearing a petition filed by Suchismita Mishra, who sought quashing of the departmental proceedings against her as per the charge sheet. According to the petition, the judicial officer served as the Registrar of the Odisha Administrative Tribunal from June 28, 2012 to October 3, 2015. He was accused of alleged irregularities in the appointment process of ‘caretaker’.
