V V KAMESWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application filed by the petitioner to Issue a writ in the nature of certiorari or to Pass such other order quashing the orders of the Collector of Ganjam dated 1 -7 -52 dismissing the petitioner from service and to quash, the order No. 5018/46 dated 29 -8 -49 reducing the petitioner from his upper division rank to lower division and to declare that the petitioner continued in service from 26 -10 -51 till the date of his suspension and that the Petitioner is entitled to his salary of upper division clerk from 1 -12 -49 to 25 -10 -51 with the usual increments thereupon.

(2.) THE petitioner was appointed as a lower division clerk in the Ganjam Collectorate on 6 -8 -37 and was subsequently promoted to upper division clerk in the revised scale of 70 -2 -80 -4 -100 and was confirmed in that post in Collector's Despatch No. 5203/46 dated 5 -7 -46. The petitioner worked for three years as an Upper division clerk, but his confirmation as an upper division clerk was cancelled by the Collector of Ganjam by his order dated 29 -8 -49. Aggrieved by the said order, the petitioner preferred an appeal to the Revenue Commissioner, and he was informed by the Collector that the previous, order of confirmation passed by the Collector was cancelled by the Government order 6 -1 -51. Subsequently the petitioner was transferred to Phulbani and was working there till June, 1950. The petitioner on account of small -pox in his house applied for quarantine leave on 15 -5 -50 and as subsequently there was another case of small -pox in his house, he applied again for leave for two months with a medical certificate. The petitioner was transferred to Eaudh, but the petitioner alleged that he left Phulbani for Chatrapur intimating the fact to the Deputy Commissioner and made representations to the authorities to adjust him in Ganjam, By another letter dated 9 -11 -50 the Deputy Commissioner of Phulbani suspended the petitioner for absenting himself from the headquarters without permission and for not joining the new station. The petitioner made representations to the Collector of Ganjam and the Revenue Commissioner to withdraw the suspension order and the petitioner was adjusted in Ganjam by the order dated 5 -1 -51 of the Collector; but the Collector stopped his increment for two years and barred his promotion on the ground that the petitioner had disobeyed the orders of the Deputy Commissioner by not joining at Baudh, without giving an opportunity to the petitioner to explain his case.

(3.) THOUGH the petitioner has stated in his application various grounds about the illegality of cancelling his appointment as an upper division clerk, and his suspension and stoppage of increment and promotion consequent on his coming away from Phulbani without the permission of the Deputy Commissioner, these questions arise for consideration if the order for dismissal is found to be illegal and unconstitutional. The first question, therefore, for us to consider is whether the dismissal of the petitioner by the order of the Collector dated 1 -7 -52 is constitutional and according to law.