MURALIDHAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner, an Assistant Sub -Inspector of Excise, challenges the order of Superintendent of Excise, Dhenkanal, by which a punishment was imposed on him, namely withholding of his annual increment in the revised scale for a period of four years 1962 to 1965 as a result of certain disciplinary proceedings against him, on charges of unauthorized absence from duty without written orders and disobedience of the orders of the authorities under whom the Petitioner was serving.

(2.) IN January, 1950 the Petitioner was confirmed as an Assistant Sub -Inspector of Excise. In 1961 while he was posted at Dhenkanal in that capacity he was ordered to be transferred to Boinda. The Petitioner prayed for staying the order of transfer whereupon the Superintendent of Excise, Dhenkanal, asked the Petitioner to go on leave which, on application, was granted to him by the Superintendent of Excise. Subsequently, leave was refused by the Additional District Magistrate and the Petitioner was asked by the Superintendent of Excise to join at Boinda.

(3.) ONE of the points taken in support, of the writ petition is that the Superintendent of Excise, Dhenkanal, not being the Petitioner's appointing authority, had no power to issue the show cause notice on the Petitioner, nor could the Superintendent of Excise pass the impugned order of punishment.