BIDYA BHUSHAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution against order No. 83/57- 16329 R dated 26-9-1957, of the Government of Orissa in the Revenue Department and dismissing the petitioner from Government Service.

(2.) The petitioner was a permanent non-gazetted Government Servant holding the post of Sub-Registrar under the Government of Orissa. On 2-8-1954 he was placed under suspension and departmental proceedings against him were enquired into by the Member, Administrative Tribunal, in accordance with the provisions of the Disciplinary Proceedings (Administrative Tribunal) Rules. 1951. After conducting the enquiry the Tribunal held him guilty of charges of corruption and reported to Government recommending his dismissal from service. Government sent a copy of his report to the petitioner and called upon him to show cause why he may not be dismissed from service. After considering his representation, the Government of Orissa passed order dismissing him from service as stated above.

(3.) Mr. B.K. Pal challenged the order of dismissal on two grounds: (i) In view of the decision of this Court in ILR 1958 Cut 11 : (AIR 1958 Orissa 96), Dhirendranath Das v. State of Orissa the proceedings of Disciplinary Proceedings (Administrative Tribunal) Rules 1951, in so far as they are applicable to non-gazetted Government servants should be held to be unconstitutional and hence the entire proceeding against the petitioner, including the order of dismissal dated the 26th September 1957, is invalid. (ii) The petitioner was not given a reasonable opportunity to defend himself in the Departmental proceeding.