HC asks OSRTC to pay full retirement benefits to ex-staff

Cuttack: Terming a second inquiry in an ongoing disciplinary proceeding against a govt servant as unlawful, the Orissa high court has quashed the compulsory retirement handed to Basanta Kumar Mishra, district transport manager (DTM) of Orissa State Road Transport Corporation (OSRTC) in 2016 for alleged negligence, misconduct and lack of responsibility.The single judge bench of Justice S K Panigrahi said in a case where allegations against the govt servant have been decided on merits and a final order has been passed, there is no need for a fresh inquiry while also asking OSRTC to pay him full retirement benefits. “If a proper enquiry is held and finding is given in that enquiry, whether of guilt or innocence, no power is left with the authority to hold again a second enquiry on the same charges,” Justice Panigrahi opined. The case relates to 2004 when Mishra was DTM (admin) of OSRTC, Bhubaneswar. A bus was involved in an accident in Kalahandi district. The bus fell 35-ft below. Before the bus could be moved from the accident site, unknown miscreants had set the bus on fire and stole its gearbox and propeller shaft. Later, Mishra was charged for negligence, misconduct and lack of responsibility in connection with loss sustained by the corporation following the incident.A chargesheet was issued August 3, 2004. While Mishra defended the allegation as incorrect and contrary to law and prayed for being exonerated from the charges, a second inquiry was conducted by the FA-cum-chief accounts officer. Mishra was first given compulsory retirement by an office order issued by the chairman-cum-managing director on July 25, 2005. It was confirmed by the board of directors on April 2, 2016 and the final order communicated by a letter on Jan 18, 2018. Mishra, who retired on Jan 31, 2012, moved the HC in 2018. “This court holds that the protracted pendency of the departmental inquiry, lasting approximately 14 years, has inflicted significant prejudice upon the petitioner,” Justice Panigrahi said.

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