JAGANATH PANIGRAHI Vs. COLLECTOR

JUDGEMENT

(1.) ON 13th of September, 1973, Petitioner was communicated the following order:

(2.) ARTICLE 311(2) of the Constitution provides:

(3.) ADMITTEDLY in this case no enquiry as envisaged under Article 311(2) of the Constitution had been undertaken preceding the order of dismissal. As we have found that the Proviso does not apply, the order of dismissal in the absence of an appropriate enquiry becomes vitiated. We would accordingly quash the order of dismissal as being contrary to law and declare that Petitioner continues to be a civil servant unaffected by the said order of dismissal and is entitled to all pecuniary advantages attached to his service.