BHAGABAN MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Articles 226 and 227 of the Constitution of India, the petitioners assail the propriety of the directions of the learned Chairman, Orissa Administrative Tribunal, Cuttack Bench, Cuttack in his order dated 8.11.1996 (Annexure 5) made in a group of cases filed before him under Section 19 of the Administrative Tribunals Act, 1985. Pursuant to the directions, the petitioners have been discharged from service as 'Junior Stenographers' by office order dated 1.5.1997 at Annexure 8 and in their place opposite parties 4 to 6 have been appointed by order of the even date at Annexure 10. The legality of both the orders have also been questioned. Some of the petitioners challenged the order discharging them from service and the learned Chairman, Orissa Administrative Tribunal by order dated 19.5.1997 did not grant any relief. The validity of this order is also the subject matter of challenge in this writ application.

(2.) BACKGROUND facts :

(3.) AS already noted, the learned Chairman of the Tribunal by the common order dated 8.11.1996 at Annexure 5 disposed of the original applications. The learned counsel for the petitioners seriously contended that the learned Chairman alone was not competent to dispose of the applications, as under the rules framed under the Orissa Administrative Tribunals Act, 1985 they are required to be disposed of by a Division Bench of the Tribunal. We need not examine this aspect as the matter can be disposed of on other grounds. The learned Chairman in the impugned order recorded the following findings :