NARAYAN DAS Vs. MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) THE petitioner files this application under Arts. 226 and 311 of the Constitution of India for issue of a writ in the nature of mandamus or any other appropriate writ on the Member, Board of Revenue, Orissa, Sambalpur and the State of Orissa, setting aside the order of dismissal passed on him and directing that he should be deemed to be in service.

(2.) THE petitioner Narayan Das was appointed on 20 -4 -49 as a lower division assistant in the office of the Chief Administrator and Special Commissioner, Orissa, which was renamed as the office of the Commissioner for Northern Division and shifted to Sambalpur where it formed a part of the Board of Revenue. On 3 -8 -50, he took admission in Gangadhar Meher College, Sambalpur in the First Year Commerce Class and passed the I. Com. examination of the Utkal University in 1952. He filed a petition for permission to continue his studies on 28 -4. 61, on being asked to file one and the said permission was refused on 24 -7 -51, but nevertheless be continued his studies. Since a large number of assistants in the various departments of the Government were prosecuting their studies without obtaining necessary permission from the department or authority concerned, the State Government issued a Government order dated 18 -8 -51 regarding grant of permission for continuing further studies in Colleges by Government servants. It was stated therein that it may be explained that if they had taken admission in the College without permission and if they would apply for special permission and would undertake to abide by the orders of Government, no disciplinary action would be taken against them. On 4 -2 -52, the petitioner was called upon to submit a declaration and in the Government order, it was stated:

(3.) ON these facts, the petitioner complains that the order of dismissal is contrary to the provisions of Article 311 inasmuch as he was denied the opportunity of a personal hearing and consequently the said order is invalid and inoperative.