SADANANDA MOHAPATRA Vs. STATE

JUDGEMENT

(1.) THE main point which gives rise to this petition for writ by a Government servant is: Can adverse remarks in a Government servant's confidential character roll be used for inflicting punishment on him without giving him a reasonable opportunity to explain?

(2.) THE petitioner was from 1955 to 1982 an Inspector of Commercial Taxes who after departmental enquiry on a charge of: having taken illegal gratification from a dealer, was reverted to the rank of a Head Clerk of the Range Office by an order made by the Commissioner of Commercial Taxes.

(3.) ON a complaint by a certain dealer Sri Tarachand Agarwalla of Titilagarh and the report of the Vigilance Department that the petitioner had demanded illegal gratification from the said dealer and that the petitioner had obtained supply of rice from a dealer without payment, the petitioner was served with a notice dated september 24, 1960 to show cause why he should not be adequately punished on account of the charges mentioned in the said notice. In due course the petitioner submitted his explanation on March 9, 1962. The petitioner was also given an opportunity of being heard in person by the enquiring Officer Mr. D. N. Das who was at the time the Additional Commissioner. The enquiring officer in his report dated May 9, 1962 gave the finding that on considering the circumstances and the evidence both the charges should fail.