Cuttack, July 14: Orissa High Court has ruled that a driver of an official vehicle employed by the state government cannot be punished with compulsory retirement for not reporting, non-payment of road tax and damage to the registration certificate (RC book).

The ruling came in the case of compulsory retirement order issued in the case of a driver attached to the office of the chief judicial magistrate, Boudh, over 10 years ago.

The court said the punishment awarded is not in consonance with the principles of law vis-a-vis the charges proved for which the same cannot be sustained in law.

The division bench of Justice B.K. Nayak and Justice D.P. Choudhury held:" When there are only charges of non-reporting about non-payment of road tax and damage to the RC Book of the vehicle proved, award of punishment like compulsory retirement, in our opinion, is disproportionate to the charges proved against him. Hence, the order of passing compulsory retirement is illegal and improper."

One Jaya Prakash Mohanty was appointed as a driver in the judgeship of Kandhamal (Phulbani) and was attached to the office of the Chief Judicial Magistrate, Boudh for plying the office jeep. His compulsory retirement order was passed by the disciplinary authority on January 12, 2007.

The appeal committee confirmed the order of the disciplinary committee on April 17, 2013. Mohanty had challenged it in the high court in 2013. While disposing of the petition, the court quashed both the orders.

However, the court said: "He may be awarded with the punishment of stoppage of four annual increments without cumulative effect."

"It is directed that the petitioner be reinstated in service and the consequential service benefits, including the financial benefits, be extended to him," the division bench said in its June 30 order, a copy of which was made available today. The court further said the petitioner (Jaya Prakash Mohanty) "would be extended the financial benefits notionally and the entire exercise must be completed within a month from the date of this order (June 30)".<>The charges were levelled against him during his incumbency as driver from March 2002 to March 2004.Mohanty had contended that he has no fault because it was the duty of the registrar, civil court to pay the road tax of the jeep and his predecessor was responsible for non-payment of the road tax of the said jeep.

He had also contended that there was no almirah or table given to him to keep the registration certificate (RC book) of the jeep and the same has been kept in the garage of the jeep because of which white ants damaged the book.

He had further contended that on being directed by the chief judicial magistrate, Boudh, he was driving his private vehicle when the office jeep went out of order.