ABANI KANTA RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is by the Chairman of the orissa Administrative tribunal to expunge certain remarks made against him in the order dated 26/8/1993 in Original Application No. 102 (C) of 1992 (OA 866 of 1992 by a division bench comprising of S. K. Mishra, Vice-Chairman and U. N. Mallik, Member (Administrative) of the tribunal. That application was made by Respondent 3 Dandanirodha Mishra for cancellation of his transfer. The transfer order was quashed by the division bench of the tribunal. In making that order, strong adverse comments were made against the appellant as Chairman of the tribunal.

(3.) The background is of some significance. After some controversy, a bench of the orissa Administrative tribunal was created at Cuttack but its functioning led to litigation and therein the making of an order even by this court about its functioning. However, some grievance persisted in those favouring creation of the Cuttack bench and a contempt petition was filed by an advocate against the Chief secretary to government of orissa, Ramakanta Rath and the Chairman of the Tribunal, A. K. Ray. That contempt petition (Original Criminal Miscellaneous Case No. 73 of 1992 was decided by an order dated 8/5/1992. Reference to this order of the High court is made because of its reference in the impugned order of the tribunal.