STATE OF ORISSA Vs. GANGADHAR PARIDA

JUDGEMENT

(1.) Defendant is the appellant in this first appeal arising out of a decree declaring the plaintiff to be continuing in service.

(2.) Plaintiff was a member of Orissa Judicial Service, Class-II. In a disciplinary proceeding, he was dismissed from service. He filed the suit for a declaration that the order of the defendant dismissing him from his post isnull and void and he be deemed to be continuing in service of the defendant in the post he held before the said order. In short, case of the plaintiff is that principle of natural justice was violated, the appointment of enquiry officer was illegal, the enquiry was prejudicial and the defendant did not apply mind while passing the order of dismissal although the State Public Service Commission did not concur to the proposed penalty. The appeal to the Governor was also dismissed.

(3.) Defendant in effect refuted all the allegations and asserted the imposition of penalty to be just and lawful.