DHARMANANDA HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was appointed as a constable on 17-9-1962. He was made permanent after undergoing training in the Police Training College, Angul. By annexure A dated 9-5-1964 the Superintendent of Police, Kalahandi, framed the following two charges against the petitioner. "1. He absented from duty from 12-2-1964 A. M. to 19-2-1964 A. M. without any leave or permission. 2. That he proceeded on four days C. L. with effect from 21-2-1964 P. M. and though he was warned against overstayal he overstayed C. L, by 3 days without leave or permission and returned to duty on 28-2-1964 P. M. "

(2.) AFTER regular enquiry the Superintendent of Police, Kalahandi, found the petitioner guilty and imposed the following penalty by his order (Annexure B)dated 10-7-1964:

(3.) ON 4-2-1966 the D. I. G. , Southern Range, initiated a proceeding under Rule 853 of the Police Manual to review Annexure B and issue a notice to the petitioner to show cause by 20-2-1966 as to why he would not be dismissed from service. The petitioner did not show cause and the D. I. G. ultimately passed an order of dismisal (Annexure C) on 8-5-1966. The petitioner made a representation against annexure C to the I. G. of Police the representation was rejected by the I. G. of police by his order (Annexure D) dated 17-12-1968. The writ application has been filed under Article 226 of the Constitution to quash Annexures C and D by issue of a writ of certiorari.