The Orissa High Court has quashed the disciplinary proceedings and the punishment imposed on senior judicial officer Lalit Kumar Dash, ruling that the findings against him were unsupported by evidence and largely based on presumptions.
Bench Decision
A division bench comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra delivered the order on May 27 while hearing Dash's petition challenging the departmental inquiry and the punishment order issued against him in February 2023.
Background of the Case
Lalit Kumar Dash, currently serving as Additional-cum-Special Judge (Vigilance) in Balasore, joined the Odisha Judicial Service in 1997 and later rose through the ranks. He was appointed as Registrar (Judicial) of the Orissa High Court on January 13, 2020.
The disciplinary proceedings originated from allegations that certain documents were missing from an administrative file concerning two pages. After being served with a notice seeking an explanation, Dash submitted a reply, which the authorities found unsatisfactory. A departmental proceeding was initiated in 2021, accusing him of gross misconduct, dereliction of duty, administrative indiscipline, and failure to maintain absolute integrity and honesty.
Another allegation pertained to recommendations made regarding the promotion of secretaries and personal assistants in the High Court establishment. It was alleged that while placing notes before the then Acting Chief Justice, Dash suggested invoking Rule 38(10) of the High Court of Orissa (Appointment of Staff and Conditions of Service) Rules, 2019, without following the regular procedure or referring the matter to the Departmental Promotion Committee.
Punishment Imposed
Following the inquiry, the disciplinary authority imposed the punishment of withholding two increments with cumulative effect on February 23, 2023.
Court's Observations
Setting aside the action, the bench observed that the conclusions reached in the inquiry were legally unsustainable. The court stated: This Court is constrained to hold that the findings on Charges relating to administrative indiscipline, misconduct and failure to maintain integrity on account of alleged missing documents are vitiated by non-consideration of material evidence, reliance on presumptions, and shifting of burden of proof. Hence, it's a case of no evidence.
The judges also found no material suggesting dishonest intent on Dash's part. The petitioner did not conceal the source of the directions. On the contrary, he openly incorporated in the official note that the actions were being taken under the directions of the Acting Chief Justice, the bench said.
Restoration of Benefits
Quashing the inquiry report and punishment order, the bench directed the High Court authorities to restore all consequential service benefits to Dash before his retirement on July 31, 2026.
