Orissa High Court
Chandra Sekhar Maharana vs State Of Odisha And on 29 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20666 of 2025
Chandra Sekhar Maharana .... Petitioner
Mr. L. Mohanty, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
29.07.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed inter alia challenging show cause notice issued on 04.07.2025 under Annexure-20 by the Govt.-O.P. No.1.
4. It is contended that in the proceeding initiated against the petitioner vide Memorandum dated 10.05.2023 after completion of the enquiry, petitioner was issued with the 1st show-cause notice on 04.02.2025 under Annexure-16. It is contended that petitioner when submitted his reply to the same, 2 nd // 2 // show cause notice was issued on 06.03.2025 under Annexure-18 proposing the following punishment:-
"1% of pension of Sri Chandra Sekhar Maharana shall be withheld for one year."
4.1. It is contended that petitioner also submitted his reply to the 2nd show cause against the proposed punishment. However, without any relevant provision governing the field, 3rd show cause notice has been issued on 04.07.2025 under Annexure-20 proposing therein to impose the following punishment:-
"6% of Pension of Sri Chandra Sekhar Maharana shall be withheld for one year."
4.2. It is contended that under the OCS(CCA) Rules more particularly under Rule-15, there is no provision for issuance of the 3rd show cause after issuance of the 2nd show cause proposing the punishment. It is accordingly contended that the 3rd show cause issued under Annexure-20 is a nullity in the eye of law and is under challenge in the present Writ Petition and requires interference of this Court.
4.3. It is also contended that even though petitioner has retired since 31.05.2024, but because of the pendency of the proceeding, he is not getting the retiral benefits save and except the provisional pension.
5. Learned Addl. Govt. Advocate on the other hand placing reliance on the provisions contained under Page 2 of 5 // 3 // Rule-7 of the OCS(Pension) Rules read with Rule-15 of OCS(CCA) Rule, 1962 contended that after issuance of the 2nd show-cause and prior to passing of the final order, Govt.-O.P. No.1 in terms of Rule-7, when consulted with OPSC with regard to the final order to be passed, OPSC vide letter dated 1.06.2025, advised as follows:-
"1. The IO had recommended „stoppage of one increment for one year without cumulative effect‟. DA proposed „withholding 1% of pension for one year‟ as he retired from service in the mean time.
2. The proposed punishment is too less compared to the gravity of the two charges proved against him as per IR.
2. The DA may be advised to revisit the proposed penalty."
5.1. It is contended that since consultation with the OPSC is a mandatory requirement as provided under Rule-7 and when OPSC was so consulted after issuance of the 2nd show-cause and OPSC advised to revisit the punishment than what is proposed in the 2nd show cause, 3rd show-cause was issued on 04.07.2025 under Annexure-20 which is in the nature of a 2nd show cause. Provision contained under Rule-7 reads as follows:-
"Provided that that the Odisha Public Service Commission shall be consulted before the final orders are passed"
5.2. It is accordingly contended that in view of the opinion given by the OPSC, 3rd show cause was issued on 04.07.2025 in the nature of 2nd show cause. It is Page 3 of 5 // 4 // also contended that instead of giving a reply to the same, the present Writ Petition has been filed. It is accordingly contended that since the Writ Petition has been filed against a show-cause, the same is not entertainable and let the petitioner file the reply to the same taking the grounds as deem fit and proper.
6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that in the proceeding initiated against the petitioner vide Memorandum dated 10.05.2023 under Annexure- 4, after completion of the enquiry, petitioner was issued with the 1st show-cause notice on 04.02.2025 under Annexure-16. Petitioner when submitted his reply to the same, petitioner was issued with the 2nd show cause vide letter dated 16.03.2025 inter alia proposing to impose the punishment of stoppage of 1% of the Pension for a period of one year.
6.1. As found, prior to passing of the final order, when OPSC was consulted by O.P. No.1 and OPSC advised that the punishment is too less compared to the gravity of charges framed against the petitioner and it was advised to revisit the proposed penalty, 3rd show cause notice was issued on 04.07.2025 under Annexure-20 proposing therein to impose the punishment of stoppage of pension @ 6% for a period of one year.
Page 4 of 5// 5 // 6.2. Since prior to passing of the final order as provided under Rule-7, consultation with the OPSC is a requirement and in terms of the said provision, OPSC after being consulted, has advised to impose appropriate punishment taking into account the charges involved, this Court finds no illegality or irregularity with the impugned 3rd show-cause notice issued on 04.07.2025 under Annexure-20. Therefore, while declining to interfere with the same, this Court grants liberty to the petitioner to file his reply by taking all such pleas as are available to him.
6.3. It is observed that if the petitioner files a reply to the 3rd show cause (which as per the considered view of this Court is in the nature of a 2nd show cause) within a period of 15 days from today, O.P. No.1 shall take into consideration the said reply and dispose of the proceeding with passing of the final order within a period of 4 (four) weeks thereafter.
7. The Writ Petition accordingly stands disposed of with the aforesaid observation and direction.
(Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Page 5 of 5 Date: 04-Aug-2025 18:56:14