LAWS(ORI)-1968-6-6

SASHI BHUSAN MOHANTI Vs. STATE OF ORISSA

Decided On June 25, 1968
SASHI BHUSAN MOHANTI Appellant
V/S
STATE OF ORISSA REPRESENTED BY SECRETARY TO Respondents

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner who was appointed as a lower division clerk against an order of dismissal of his services in the circumstances hereinafter stated.

(2.) ON 1 November 1952 the petitioner joined as a lower division clerk in Bhanjanagar Community Project. Thereafter he was promoted as an upper division clerk on 1 January 1964. On 9 June 1956 the petitioner was appointed as junior accountant. Within a few months thereafter, the petitioner was promoted as head clerk with effect from 1 October 1956. On 26 August 1959 charges were framed against the petitioner by the Additional Secretary to Government, Political and Services Department, Bhubaneswar, that the petitioner was alleged to have committed certain irregularities during the period between 2 December 1952 and 1 December 1955 as stated in the said charges. The charges against the petitioner were, in substance, these:

(3.) IN the course of such enquiry Sri I. C. Misra (inquiring officer) reported to the Government for framing of an additional charge which the enquiring officer felt it was necessary to add on a perusal of the records. In a report of the inquiring officer dated 21 February 1962 to the Joint Secretary to Government, Political and Services Department, Bhubaneswar, he stated that on a perusal of the record he felt that it was necessary to add another charge to the six charges already made against the petitioner and that as the recording of evidence had not yet begun, it would not be irregular to add a charge at that stage: accordingly, he proposed the framing of the following charge against the petitioner: