SYAM SUNDAR MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the Manager of Parlakimedi Municipality against an order of dismissal from service passed by the Commissioner and Special Officer of the Municipality (hereinafter referred to as the Special Officer) Sri K.M. Das on 1 -4 -51 after a departmental enquiry. The petitioner filed an appeal to the State Government on 1 -5 -51. But it appears that no orders were passed by the Government on the appeal. It is indeed strange that an appeal of this type should have remained undisposed of by the Government for such a long period. In sheer despair the petitioner came to this Court for relief under Article 226 of the Constitution on 22 -9 -55 and though the learned Advocate General appeared for the State of Orissa during the hearing of this petition he has not been able to enlighten us as to what happened to the petitioners' appeal.

(2.) THE conditions of service of the petitioner as an employee of a Municipality governed by the Madras District Boards Act, 1920, were regulated by various Rules and Orders issued by the appropriate authority from time to time. On behalf of the Municipality it was stated that the procedure to be observed in a departmental enquiry against a Municipal servant was regulated by Rule 4 of Madras Government Order No. 3600, L and M, dated the 8th September, 1932, which is as follows :

(3.) MR . Ramdas on behalf of the petitioner urged that the entire departmental enquiry was vitiated on the following three grounds :