GAYADHAR MOHANTY Vs. O A T CHAIRMAN BBSR

JUDGEMENT

(1.) THIS writ application is directed against the order dated 1.3.2000 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 48(C) of 1995.

(2.) THE Petitioner having been dismissed from service in pursuance of a disciplinary proceeding, had approached the Tribunal in the aforesaid O.A. challenging the said order of dismissal from service. The O.A. having been dismissed by the Tribunal, this writ application has been filed.

(3.) A counter affidavit was filed before the Tribunal by the opposite parties challenging maintainability of the O.A., which had been filed prior to disposal of the appeal preferred before the D.I.G. against the order of dismissal. It was also contended in the counter affidavit that not only the Petitioner but also another Constable P.C. Naik had taken the U.T.P from Sadar Court Office, Balasore for production before the Magistrate, First Class and the U.T.P. escaped from custody of these two Constables. Proceedings were initiated against both of them but in course of proceeding, the other Constable namely, P.C. Naik died, as a result of which, he was not proceeded any further. The allegation of the Petitioner that he was not supplied with the required documents was stoutly denied.