KAMALA LOCHAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application assails the legality of the order passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 453 (C) of 1995 which he had filed challenging his dismissal from service pursuant to a disciplinary proceeding.

(2.) THE petitioner was appointed as Constable under the Orissa Police and was posted in the district of Koraput. In the month of February, 1987 he was transferred to Balasore district and while working at Balasore, he became the President of Orissa Police Havildar and Constable Association, Balasore branch. On the eve of New Year, 1991 the petitioner brought out a New Year Greeting in the form of a booklet wherein he had summerised various works and deeds of the association, the problems faced by the association as well as the work to be undertaken by the association. According to the petitioner, the said booklet was a message and exchange of ideas rather than allegations as alleged by the department. However, on the basis of the alleged publication of such booklet, a departmental proceeding was initiated on the charge that without any permission or authority the petitioner published and distributed a booklet titled Barta among members of the police force on 1.1.91 at Balasore and at Bhadrak in contravention of Government Servants Conduct Rules and thereby created disaffection amongst the force. After receipt of the said charge, the petitioner made a representation to the disciplinary authority i.e. Superintendent of Police, Balasore requesting him for supply of particulars such as the rule contained in Government Servants Conduct Rules contravened by him, time of distribution of the booklet at Balasore as well as Bhadrak, source of information from which the disciplinary authority was satisfied that there was disaffection created amongst the force and particular portion of the booklet which had created such disaffection. There was no reply to the said representation and even a copy of the preliminary inquiry report was not given to him. During inquiry also the petitioner was not given those information and after submission of inquiry report, finding him guilty, the disciplinary authority imposed punishment of dismissal from service. The appeal preferred by the petitioner being rejected, he approached the Orissa Administrative Tribunal challenging the order of dismissal and the Original Application filed before the Administrative Tribunal having been dismissed, the present writ application has been filed.

(3.) THE learned Additional Government Advocate, on the other hand, submitted that there are some comments in the booklet which would indicate that the allegations were made indirectly against some Police Officers without naming them and in a disciplined organisation like police department, such type of indiscipline may create disaffection among the members of the force. Since in a disciplined department, like police department, no such indiscipline can be tolerated, punishment of dismissal from service was appropriate.