SHRI P.V. JAGANNATH RAO Vs. THE STATE OF ORISSA THROUGH THE CHIEF SECRETARY TO THE GOVT. OF ORISSA AND ORS.

JUDGEMENT

(1.) ALL the three applications are under Articles 226 and 227 of the Constitution of India for striking down the Notification No. 813 -EC, dated October 26, 1967 (hereinafter referred to as the Notification) issued by the Home Department of the Government of Orissa.

(2.) ALL the three writ applications, heard analogously, challenge the validity of the Notification appointing a Commission of Inquiry under the Commissions of Inquiry Act 1952 (hereinafter referred to as the Act). The Schedule to the Notification gives the names of 15 persons against whom inquiry is to be made. The Petitioners in the three O.J.Cs. have respectively been referred to in Items 6, 2 and 12 of the Schedule. The State of Orissa; Secretary, Home Department; Justice Shri H.R. Khanna, the 'Commissioner of Inquiry, and Shri R.N. Singh Deo, Chief Minisater of Orissa, are opposite parties 1 to 4 respectively in all the writ applications. In O.J.C. 418, Shri Harekrushna Mahatab. Shri Nabakrushna Choudhury, Shri Pahitra Mohau Pradhan, Shri Santanu Kumar Das and Shri Surendranath Patnaik were originally impleaded as opposite parties Nos. 5 to 9. Shri Biju Patnaik filed an application in this case to be impleaded as an opposite party. None of the parties had any objection and he was allowed to be impleaded as an opposite party DO. 10. The learned advocates of the parties made a prayer that the annexures, filed in all the applications, be used as annexures in every writ application. This prayer was allowed on January 11, 1968. The substance of the allegations in all the writ applications are almost identical excepting some differences in detailed narrating of facts. The case of the Petitioners is stated hereunder.

(3.) THE Home Secretary has filed affidavit on behalf of opposite parties 1 and 2. Many of the facts stated in the writ applications are not disputed. His version is given hereunder: