TEPPALA LAKSHMINARAYANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was the Sub-Registrar of Bhanjanagar during the years 1959 to 1962 and one Kumar Swamy Patnaik was a clerk in that office. During their incumbancy, there was allegation of corruption against them and the matter was referred to the Administrative Tribunal. The allegation against the clerk was that at the time of registration of documents, besides the payment of the authorised fee for registration of the same, the clerk used to demand eight annas per hundred rupees of the amount mentioned in the document as illegal gratification. It is alleged against the Sub-Registrar that it was with his connivance that the clerk used to receive illegal gratification which was subsequently being divided between them. Twelve instances of corruption were alleged against the clerk which formed the subject-matter of the charge against him. As against the petitioner the following two charges were framed, namely.

(2.) Both the petitioner and the clerk pleaded not guilty to the charges framed against them and the Administrative Tribunal after necessary enquiry held so far as the clerk is concerned that three out of the twelve instances of corruption alleged against him have been established. Regarding the two charges against the petitioner, the finding recorded by the Tribunal is as follows:-

(3.) On receipt of the report. Government considered the same and accepted the findings of the Tribunal. By Annexure E dated 26-9-1966, Government intimated to the petitioner that accepting the findings of the Tribunal, they had tentatively decided that the petitioner should be discharged from Government service. He was. therefore, called upon to show cause as to why the said punishment should not be inflicted upon him. A copy of the report of the Tribunal was also forwarded to the petitioner.