PURNA CHANDRA PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the impugned order dated 1.12.1998 (Annex -1) by which the punishment order had been passed against the petitioner after holding Disciplinary Proceedings.

(2.) THE facts and circumstances giving rise to the case are that the petitioner the then Sub -Divisional Judicial Magistrate (SDJM) was served with a charge sheet containing nine charges of granting bail for extraneous consideration when he was posted at Nawarangpur. For that purpose, this Court appointed the Enquiring Officer, who after completing the enquiry meeting all the requirement of law and principles of natural justice submitted the Enquiry Report dated 20.10.1997 exonerating the petitioner from all the charges. The Enquiry Report was considered by this Court on administrative side. The Court cautioned the officer and asked to be careful in future, he was kept under observation. It was directed that these facts be reflected in his C.C.Rs. Further the period during which he remained under suspension was to be treated as such. Hence this writ petition.

(3.) ON the contrary, Sri. P. Panda, learned Addl. Standing Counsel has submitted that undoubtedly the Enquiring Officer had exonerated the petitioner from all the nine charges, but as the Full Court had been of the considered opinion that he had not acted in good faith, minor punishment had been imposed only treating the period of suspension as such. Therefore, no interference is called for.