RAMKRISHNA PATNAIK Vs. DIRECTOR OF GRANI PANCHAYETS

JUDGEMENT

(1.) THIS is an application under Article 311 of the Constitution against an order dated 25 - 9 -1958 passed by the Director of Gram Panchayats dismissing the Petitioner from service with effect from that date.

(2.) THE Petitioner was working as an Audit Inspector of the Gram Panchayat at Ghatgaon in Keonjhar district. On 26 -10 -1957 he applied for three days casual leave from the 28th to 30th October 1957. He was granted casual leave but did not rejoin duty at Ghatgaon on the 31st October 1957. On the other hand he applied for extension of leave on the ground of illness supported by certificates from a private medical practitioner of Cuttack Town. Ultimately he reported himself for duty on 26 -4 -1958, but the superior officers were not satisfied with his conduct and on 7 -5 -1958 the following two charges were framed against him and he was caned upon to show cause why he may not be dismissed from service:

(3.) MR . S. Mohanty, for the Government, urged that though no enquiry was held prior to the issue of the second notice, nevertheless, when in the second notice, the Petitioner was informed that he could appear in person he must be deemed to have been given an adequate opportunity to establish his defence if he so desired, and that the conduct of the Petitioner in declining to avail himself of this opportunity of personal hearing would, in the circumstances of this case, amount to a refusal on his part to submit to a further enquiry and that consequently there was substantial compliance with the requirements of Article 311 of the Constitution.