JANKINATH SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) -The appellant, Janid Nath Sarangi, was a non- gazetted government servant working as Sub-Divisional Officer in the public Works Department of the orissa State. As a result of disciplinary proceedings against him he was ordered to be dismissed by the Chief engineer on 30/10/1957. Two charges were framed against him of which the second charge is no longer in dispute because it was dropped. The first charge related to his misconduct which is described as joining hands with a contractor by inflating the work done by him in the annual repairs of the Aur Ring Bund (Embankment No. 31-B) of Brahmani river under mahanadi Division by falsely certifying that he had checked measurements in the measurement book which measurements were later found to be in- correct. This first charge concerned certain pits from which earth was extracted in the 1st mile 3rd and 4th quarters, 6th mile 3rd and 4th quarters and 7th mile 1st quarter. In the first mile there was a discrepancy of 3137 c. ft. when the Executive Engineer verified the measurements. This was said to have caused a loss of Rs. 150. 00 to the government. In the 5th mile and the 7th mile the measurements were said to have been inflated by about 27.367 c. ft. entailing loss of Rs. 438. 00 to the government.

(2.) These charges ware enquired into by a Member of the Administrative tribunal, orissa who gave his findings on 10/10/1956 holding them proved. The Member also recommended a punishment of dismissal against the appellant. The second show cause notice against the punishment was given to the appellant who duly showed cause but it was not accepted. The order of dismissal as stated above was passed against him.

(3.) The High court dismissed the petition which had been filed before it questioning the order of dismissal on the ground that principles of naturaljustice wore violated in making the enquiry. The present appeal is by special leave of this court.