STATE OF ORISSA Vs. P KRISHNASWAMI MURTY

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa against the judgment of the subordinate Judge of Berhampur, decreeing the respondent-plaintff's suit for a declaration that the order discharging him from service passed by the Deputy commissioner of Khondmals on 15th March 1952 (Ext. F) was, void and inoperative and for other consequential reliefs.

(2.) THE plaintiff was employed as a ministerial officer in the office of the Deputy commissioner, Khondmals at Phulbani. He first went on leave on 14th April 1951, for the purpose of undergoing survey training at Berhampur, but did not rejoin duty after completing the training and took leave from time to time on various grounds which need not be mentioned here. Ultimately, on 3-11-51 (see Ext. M/1)the Deputy Commissioner framed specific charges against the plaintiff for various acts of misconduct in the discharge of his duties and called upon him to show cause within seven days of the receipt of the charges as to "why he may not be dismissed or otherwise punished. " A copy of this order was sent to the plaintiff to the following address:

(3.) THERE are three endorsements on the letter Ex. M dated 28th December 1951, 4-1-1952 and 18-1-1952, to the effect that the plaintiff could not be traced. English translations of three endorsements are given below: "1st, Endorsement; On enquiry the addressee was found absent and reported to have gone to (torn) Pentha. The members of his family stated that it was not known as to when he would return sd. Illegible (in Telugu)28-12-51. 2nd Endorsement. The process server reports that on enquiry the addressee was found absent in the village and was reported to have gone to Visakhapatnam. Further it was ascertained from the members of his family that he will be coming back within a week hence as appears from a letter received by them. Sd. Illegible. 4-1-1952. 3rd Endorsement. On enquiry it was ascertained from the members of his family that the addressee is coming from Visakhapatnam. Sd. Banchhanidhi Hatia (in Oriya)18-1-1952. " then on 29th January 1952 the Tahasildar resub-mitted the notice, Ext. M. to the deputy Commissioner, Khondmals with the following endorse ment: "n Dis -- Resubmitted with the endorsement made on the reverse of the proceeding". This was received in the office of the Deputy Commissioner on the 6th February 1952 as is clear from the stamp of his office on Ext. M-2.