For information of all Subsidiary Offenders.
Dear Comrades,
This is regarding recovery from a subsidiary offender namely Sri Nihar Ranjan Patnaik, a Postal Assistant, who faced disciplinary action for alleged negligence while working in the Summary Branch.He was accused of contributing to the misappropriation by funds of another employee, Narandra Kumar Balabantray. The applicant was charged under Rule-16 of CCS Conduct Rules 1965, with a penalty of recovering Rs.32,923 from his salary. The applicant's appeal against the penalty was rejected by the Appellate Authority.
Challenging the recovery order, Sri Pattnaik filed O.A. No. 260/479/2016 before the Hon'ble Central Administrative Tribunal (CAT), Cuttack. The Tribunal noted that the applicant was not directly responsible for the misappropriation and that other officials shared culpability. The Tribunal referenced previous cases where similar penalties were overturned due to lack of direct culpability and quashed the disciplinary orders against the applicant and directed the refund of the deducted amount with interest vide its Order dated 24.10.2019.
Since then, the Department sat on the above order just filing a writ Petition W P(C) No. 07/2021 before the Hon'ble High Court of Odisha with obtaining any Stay Order or otherwise which was viewed seriously by the Hon’ble CAT, Cuttack during a hearing on 10th October 2025. Hearing both sides, the Tribunal granted two weeks for the respondents to submit the compliance report or any stay order; failure to comply may result in costs or personal appearance requirements scheduled on 3rd November 2025.
Now, on receipt of the personal appearance order with cost, the Department complied the Order dated 24th October 2019 with immediate with instructions to refund the alleged recovery amount.
Similar is the case also of another official namely Sri RN Sahoo. Hats off to both of them for continuing the struggle for last 11 years.
All the above orders are posted here for information and necessary action of / by all such subsidiary offenders.
Regards.
-B SAMAL-
General Secretary
Confederation Odisha State CoC
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