Orissa High Court Dismisses Review Plea Challenging Exoneration Of Ex-Registrar General From Disciplinary Action

The Orissa High Court on Wednesday (September 17) dismissed a review petition, filed by the High Court through its administrative side, against a May, 2025 judgment which exonerated a former Registrar General from disciplinary actions for registering a suo moto case without obtaining permission from the then Chief Justice.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra did not find any fault with the impugned judgment which had held the action of the delinquent Judicial Officer to be in good faith. In its words –“In the absence of any Rules/regulation and/or convention or judicial precedent to the effect that before registration of Suo-motu proceeding, permission preceding the registration from the Hon'ble Chief justice is a condition precedent, no fault of the writ petitioner could be established per se.”Malaya Ranjan Dash (the Opposite Party), a judicial officer in the cadre of District Judge (Super-time Scale), was posted as the Registrar General of the High Court on June 05, 2020. While working as such, on February 26, 2021, he received an order passed by one Division Bench dated February 24, 2021, along with an official note-sheet from the Deputy Registrar (Judicial) ['the DR (J)'].Through the note-sheet, the DR (J) urged the Opposite Party to approve the same in order to give effect to the direction passed by the Division Bench, which had asked the Registry to supply the copy of its order along with brief to certain Senior Advocates, appointed as Amicus Curiae in that case, by February 26, 2021. Such direction could not have been complied with in the letter and spirit without registering a suo moto writ petition.In order to comply with the direction, the Opposite Party being the Registrar General promptly endorsed the note-sheet and registered a suo moto case. However, the then Chief Justice allegedly expressed displeasure over the manner in which the Opposite Party proceeded on to register the suo moto case without obtaining his approval or at least, bringing the matter to his notice.A departmental proceeding (DP) was initiated against him on the grounds of gross misconduct, dereliction in duty and administrative indiscipline while dealing with judicial records, and failure maintain absolute honesty and integrity. He was penalised with degradation in the scale of pay, i.e. 'Selection Grade'. It was also directed that his pay would be fixed at the initial scale of the Selection Grade, and his upgradation to the next higher grade of Super-time Scale would be considered only after five years. Being aggrieved by the imposition of the aforesaid major penalty, the Opposite Party had impugned the findings of the Inquiry Authority before the High Court. Having regard for all the aspects of factual scenario and the governing laws, the Court by its judgment dated 02.05.2025 reached the conclusion that the punishment imposed on the Opposite Party was “grossly and shockingly disproportionate”. Accordingly, it had exonerated him from all the charges.The High Court (on its administrative side) filed a review petition seeking to “restore” the original writ petition and to re-hear the original writ petition in view of certain revelations made pursuant to the impugned judgment.The prime contention of the review petitioners was that the Court overlooked “fabricated and parallel case record” allegedly created by the Registry which was highlighted by the junior puisne Judge of the Division Bench which passed the order dated 24.02.2021. The said Judge, by way of a letter addressed to the Chief Justice, had underlined that being unaware of the fact that the Chief Justice had taken custody of the original case records, he signed on a fabricated order on 07.04.2021.However, the Court did not find substance in such argument since the delinquent officer/Opposite Party was already transferred out of the Registry by the time the said fabrication was alleged to have been done. So far as the accusation regarding filing of the suo moto case without the permission of the Chief Justice was concerned, the Court reiterated its view expressed in the original judgment. It held that when no express rule is in existence requiring the Registrar General to obtain permission of the Chief Justice for registering a suo moto case, his omission to do so in order to give effect to a judicial order can at best be held to be done in 'good faith'.Therefore, the Court did not find any error apparent on the face of record warranting review of the original judgment. Accordingly, the review petition was dismissed.Case Title: Registrar General of the Hon'ble High Court of Orissa, Cuttack & Ors. v. Malaya Ranjan Dash & Anr.Case No: RVWPET No. 160 of 2025Date of Judgment: September 17, 2025Counsel for the Petitioners: Mrs. Pami Rath, Senior Advocate; Mr. Pratyasish Mohanty AdvocateCounsel for the Opposite Parties: Mr. Budhadev Routray, Senior Advocate along with Mr. J. Biswal, Advocate; Mr. Aurobinda Mohanty, Addl. Standing...

Orissa High Court Dismisses Review Plea Challenging Exoneration Of Ex-Registrar General From Disciplinary Action

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