GOBINDA DAS PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PLAINTIFF was Sub-Deputy Collector in the permanent cadre of the Orissa Subordinate Administrative Service, He was removed from service by the defendant-respondent by its order dated 8 December 1954 on a charge of bribery, The order of removal was set aside by the High Court on 4 November 1957 in Original Jurisdiction Case No. 339 of 1956. The order of the High Court was set aside by the Supreme Court on 10 December 1958. Plaintiff subsequently filed another writ application in the High Court on the allegation that certain matters had not been considered in the earlier writ application. This was withdrawn on 7 September 1960. The suit is filed for a declaration that the order of removal of the plaintiff passed by the defendant on 8 December 1954 is illegal and inoperative in law, the plaintiff is to be deemed to continue in service under the defendant and for recovery of arrears of salary.

(2.) THE order of removal was challenged in the plaint on various grounds which need not be mentioned in detail as, before us, it is challenged on two grounds only. Those are:

(3.) THE State of Orissa resisted the suit on the assertion that all reasonable opportunities were given to the plaintiff in defending himself in the proceeding before the tribunal and that the suit is barred by res judicata, in view of the decision of the Supreme Court upholding the order of dismissal passed by the defendant.