NIRANJAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 21.04.2006 passed by the Orissa State Administrative Tribunal, Bhubaneswar in OA No. 529 of 2006 is challenged in the present writ petition.

(2.) THE brief facts of the case are as under:

(3.) PETITIONER has challenged the aforesaid order of the Tribunal in the present writ petition on the ground that as per Rule 24 of the Grama Rakshi Rules, before imposition of major punishment the authority should have called for an explanation from the concerned Grama Rakshi and intimated the said fact to the concerned SDPO and the concerned SDPO after conducting such inquiry as he deems necessary, pass the order of dismissal is appropriate punishment then he will record the grounds thereof and call for an explanation to show cause within a specific period against the proposed punishment and after considering the explanation of the Grama Rakshi concerned, the order of punishment should have; been passed. As the Rule lays down the procedure for imposing a major punishment after completion of due inquiry by the concerned authority and same should be communicated to the delinquent to give an explanation and after considering such reply the authority may pass order of dismissal. I in the present case the authority has neither followed the procedure prescribed in the Orissa Grama Rakshi Rules, 1969 nor followed the principle of natural justice before imposing punishment of discharge.