Cuttack: Orissa high court has quashed disciplinary proceedings and punishment imposed on senior judicial officer Lalit Kumar Dash, holding that the findings against him were unsupported by evidence and based largely on presumptions.A division bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra passed the order on May 27 while considering Dash’s petition, challenging the departmental inquiry and punishment order issued against him in Feb 2023.Dash, presently serving as additional-cum-special judge (Vigilance), Balasore, had joined the Odisha Judicial Service in 1997, and later rose through the ranks. He was appointed registrar (judicial) of the Orissa high court on Jan 13, 2020.The disciplinary proceedings stemmed from allegations that certain documents were found missing from an administrative file relating to two pages. After being served with a notice seeking explanation, Dash submitted a reply, which the authorities found unsatisfactory. A departmental proceeding was then initiated in 2021, accusing him of “gross misconduct”, “dereliction of duty”, “administrative indiscipline” and “failure to maintain absolute integrity and honesty”.Another allegation against him related to recommendations made in connection with 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 invocation of 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.Following the inquiry, the disciplinary authority imposed the punishment of withholding two increments with cumulative effect on Feb 23, 2023.Setting aside the action, the bench observed that the conclusions reached in the inquiry were legally unsustainable. “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 court said.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. Quashing the inquiry report and punishment order, the Bench directed the HC authorities to restore all consequential service benefits to Dash before his retirement on July 31, 2026.
