Hi expert,
My father retired from State govt. of orissa service on april 30 2004. on August 2004 A show cause notice was served on him stating "why disciplinary action should not be taken against you?" He writting a letter to the Head of the department asked for time to answer the cause, filed an administrative suit in the SAT, Cuttack, Orissa, SAT put an interim stay order on the 'Show cause notice'. Then the case could not be decide as that was a bench case, and bench could not be sit in past 5 years. and in this june 2009, after the bench has sit decided the case as the appelant has no merit. Now the question is as per state govt. service rules no departmental proceeding can initiate after 4 years of retirement. is the show cause notice is a part of departmental proceeding? i think that after getting a reply from the person on whom the notice has been served the head of the department after scrutinising the reply decided whether departmental proceeding should be initiated or not, otherwise why show cause notice is served and reply is seeked? does the court's interim stay on show cause notice has not automatically passed the 4 years phase and is it reversible as the court has decided the case.? Finally could the departmental proceeding could be started now keeping in mind the advantage of 4 years after retirement point of view?
