DAYANIDHI RATH Vs. B S MOHANTY

JUDGEMENT

(1.) This is a petition under Article 226 Of the Constitution by a ministerial officer of the Orissa Secretariat against an order of dismissal from service passed by Sri B.S. Mohanty, Secretary to the Government, Development Department by his order No. 17886/D. dated 24-10-1952. The petitioner submitted a memorial to the Governor against the order of dismissal; but it was rejected.

(2.) Early in 1952, the petitioner was working as a temporary Grade II Upper Division Assistant in the Development Department. On 24-7-1952, the Secretary of that Department (Sri. B.S. Mohanty) framed three specific charges against the petitioner of insubordination, misbehaviour etc., and directed him by his order (No. 13752) "to show cause why he should not be dismissed or otherwise punished". The petitioner showed cause and the usual depart/ mental enquiry was held. After the termination of the enquiry the Under-secretary of the Development. Department issued the following Memo No. 15833/D. dated 2-9-1952 to the petitioner : <FRM>JUDGEMENT_36_TLORI0_1954Html1.htm</FRM> In this memo the petitioner was informed that in view of the findings arrived at by the Enquiring Officer during the departmental enquiry with which the Secretary agreed, "it was proposed to remove him from Government service". He was, however, called upon to show cause why the penalty of dismissal may not be inflicted on him. He submitted a further representation which was fully considered but eventually the Secretary of the Development Department passed the order of dismissal (No. 17886/D.) dated 24-10-1952.

(3.) The main ground urged on behalf of the petitioner is that the penalty of 'removal from service' is lesser than the penalty of 'dismissal from service' and that having inflicted the first, the Secretary acted in contravention of Article 311 (2) of the Constitution by passing the major penalty of dismissal.