DAMODAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by a Lower Division assistant in the Orissa Secretariat, against the order of the Chief Secretary dated 7-2-1955, dismissing him from Government service.

(2.) ON the 24-7-1954 the petitioner was placed under suspension and the following two charges were framed against him:

(3.) IT will be observed that the provision of Rule 55 of the Civil Services (Classification, Control and Appeal) Rules and also the requirements of Article 311 (2) of the Constitution have been fully satisfied in the present case. Specific charges were formulated against the petitioner. He was first called upon to show cause why he should not be 'dismissed or otherwise punished'. He was also informed that if he desired to be heard in person he would be given an opportunity. He never asked for a personal hearing, but contended himself with submitting a written explanation. The departmental enquiry was conducted in a fair manner and sufficient opportunity for cross-examining the witnesses and adducing defence evidence was given. Thereafter, a finding to the effect that the charges were established was recorded, after discussion of the evidence, the tentative punishment of dismissal was decided upon the petitioner was given full opportunity to show cause why the punishment of dismissal should not be inflicted. He did not show any cause against the proposed punishment though extension of time was granted for the purpose and eventually the Chief Secretary dismissed him from service. In exercise of our extraordinary jurisdiction under Article 226 of the Constitution we cannot obviously go into the merits of the findings and discuss whether the charges were fully established or whether the punishment was too severe considering the nature of the charges. These are matters regarding which the appointing authority's decision should be taken as final.