LINGARAJ JENA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as helper in the office of the Joint Director of Agriculture (Fruit Preservation), Orissa, with effect from 12th of Feb., 1965 on temporary basis and he actually reported to duty from 21st of that month. On 6-12-1968, the opposite party No. 3 passed the following order:-

(2.) In the counter affidavit this question has been answered thus:-

(3.) Mr. Mohanty's contention is that the impugned order amounts to a penalty. The petitioner was actually present in office during the day though for the 15 minutes referred to in the order, he may not have been physically present, having gone out either to attend the call of nature or for tea. It is contended that rule 159 of the Orissa Service Code does not authorise the making of the order.