BUDHIRAM HO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, for issuance of a writ of mandamus to the opposite parties to take immediate action for dismissal of opposite party no.4 from Government service as per Rule 18 read with Rule 2 13 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962.

(2.) Bereft of unnecessary details, the short facts of the case of the petitioner are that Bhaskar Bej, opposite party no.4, was the Headmaster In-charge of Padmapokhari Sevashram under the Kaptipada Education District in the district of Mayurbhanj. The petitioner, who is a schedule tribe, wanted to admit his son Narendra Ho in the said Sevashram. The opposite party no.4 demanded Rs.600/- from the petitioner for admission. When the petitioner denied to pay the amount, opposite party no.4 refused to admit his son in the Sevashram and abused him in filthy language. Thereafter, the petitioner paid an amount of Rs.300/- to opposite party no.4 on 12.7.2001 and assured to pay the rest amount of Rs.300/- on 27.8.2001. Thereafter, he lodged an F.I.R. before the S.P.Vigilance, Balasore and trap was conducted by the Vigilance Department, whereafter opposite party no.4 faced the trial in T.R.No.115 of 2007 before the Special Judge (Vigilance) Balasore. Opposite party no.4 was found guilty of the offences under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo R.I. for one year and pay a fine of Rs.1000/-, in default, to undergo R.I. for two months. In the meantime, opposite party no.4 has been transferred and posted as Headmaster Incharge, Dewan Bahali U.G.U.P. School under Kaptipada Education District.

(3.) It is further stated that the Vigilance Department vide letter No.8260 dated 28.9.2012 communicated the judgment and requested to take action against opposite party no.4 but no action has been taken. 3. Heard Mr.M.K.Mohanty, learned counsel for the petitioner, Mr.S.N.Mohapatra, learned Standing Counsel for the School and Mass Education Department and Mr.A.K.Biwal, learned counsel for opposite party no.4.