Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

ORISSA ADMINISTRATIVE TRIBUNAL, BHUBANESWAR
O.A. NO.249/2004
D.D. 21.9.2005
Hon’ble Mr. H.P. Das, Vice-Chairman &
Hon’ble Mr. G.C.De, Chairman
Jayant Kumar Das ... Applicant
Vs.
State of Orissa & Ors. ... Respondents
Departmental Enquiry:
The applicant challenged the order of punishment passed by the Government with endorsement by
order of Governor – Objection raised as to maintainability of the application before Administrative
Tribunal under Section 20(1) of the Administrative Tribunals Act as the applicant has not availed an
appeal before Governor provided under Rule 22(2) of CCA Rules – As the order with endorsement
by order of the Governor as per the rules of transaction of business made under Article 166 of the
Constitution such an endorsement cannot be construed to be an application of mind by the Governor
himself. The provision of Section 20 of the Act being mandatory the Tribunal has disposed of the
application as not maintainable.
Held:
Before approaching the Tribunal all the remedies available to the applicant under the relevant
service rules as to the redressal of his grievance have to be exhausted. The provision of Section 20 of
the Administrative Tribunals Act is mandatory. In view of Section 22(3) of the Administrative Tribunals
Act appeal and memorial are not identical and submission of memorial to the Governor shall not be
deemed to be one of the remedies which are available.
ORDER
The application is taken for hearing on admission. The applicant Sri. Jayant Kumar Das has
challenged the order of punishment imposed upon him by an order dated 29.7.2003 issued under the
signature of Commissioner-cum-Secretary to Government (Annexure 10 to the present application).
The concluding part of the order is as follows:
Orissa PSC
“Now, therefore, Government after careful consideration of all relevant documents and in
consultation with the O.P.S.C. Cuttack (copy of letter No.2326 dt: 4.4.2003 enclosed)
have been pleased to impose following penalty on the delinquent Officer, Sri. Das.
1) The period of suspension be treated as such.
By order of Governor
Sd/- Aurobindo Behera
29.7.2003
Commissioner-cum-Secretary
to Government.”
859