SRIDHAR CHAND Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari for quashing the punishment imposed in a disciplinary proceeding.

(2.) PETITIONER was working as a Grade I stenographer in the Collectorate of Keonjhar when in March, 1968, a set of charges as per Annexure -I, was framed against him and he was called upon to submit his explanation to Sri B. K. Misra, Compensation Officer, Keonjhar, who has been appointed as the enquiring officer. Petitioner, offered his explanation and an enquiry followed in which he participated. The enquiring officer submitted his report dated 25 -5 -1968 holding that all the three charges had been established against the Petitioner. Petitioner was given a second notice and was reduced in rank by way of punishment. He preferred an appeal and a memorial but both of them were rejected.

(3.) THE punishment imposed being one of reduction in rank is prescribed under Rule 13(vi) of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962. The procedure for imposing such a penalty is as provided in Rule 15 of the said Rules. Sub -rules (2) and (4) of Rule 15 which are relevant for the present purpose may be extracted: