JNANENDRA NATH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Articles 226 and 227 of the Constitution of India, the petitioner seeks two reliefs: (i) to issue an appropriate writ to quash the Order of dismissal dated 308-1962, and (ii) to direct the State of Orissa to pay the full salary of the petitioner during his period of suspension from 1-6-1950 to 11-3-1954.

(2.) FACTS relevant to the controversy involved in this application may be stated in a narrow compass. The petitioner was the Dt. Health Officer posted at Bolangir on 1-6-50 when he was suspended on charges of misconduct. He was dismissed after departmental enquiry on 12-3-54. In O. J. No. 138 of 1958 the High Court quashed the order of dismissal on 13-4-59 and directed the opposite party to refer the case of the petitioner to Administrative Tribunal under the Disciplinary Proceeding (Administrative Tribunal) Rules, 1951. The petitioner's case was referral to the administrative Tribunal and he was again suspended with effect from 1-6-60. The tribunal framed 2 charges, but exonerated him of the 2nd charge, the details of which need not therefore, be mentioned. The 1st charge is as follows:

(3.) MR. Murty raises the following contentions: