BALASORE MUNICIPALITY Vs. STATE OF ORISSA

JUDGEMENT

(1.) OPPOSITE party No. 4 is the Head-clerk-cum-Accountant in Balasore Municipality. On 12-6-64 there was a quarrel between himself and a Municipal Sweeper. He requisitioned the services of the Police for protection. On 6-7-64 the Chairman of balasore Municipality (petitioner) framed 8 charges against him in a disciplinary proceeding. Charge No. 3 was to the effect that opposite party No. 4 abused the chairman by using insulting words. Charges 4 and 5 were that he showed insubordination to the Chairman. All the charges arise out of the incident of 12-6 64. On 15-7-64 the delinquent showed cause and pleaded not guilty. He clearly asserted that the Chairman was personally interested in the case and denied the charges of insulting the Chairman and insubordination and wanted that the enquiry should be made by some person other than the Chairman. He also filed an appeal before the State Government that the Chairman cannot be the Enquiry officer. Initially, the Chairman granted an order of stay but later on he vacated it and did not forward the memorandum of appeal. The Chairman made the enquiry himself and found the delinquent guilty of all the charges. Ultimately the punishment of dismissal was inflicted. The dismissal order was passed on 5-10-64 and was to take effect retrospectively from 29-9-64.

(2.) WITH regard to charge No. 3, the Chairman relied upon his own evidence that he was insulted by the delinquent and believed his own statement. Against the order of punishment opposite party No. 4 filed an appeal to the State Government. On 22-4-65, Government passed the following order.

(3.) MR. Mohanty for the petitioner does not dispute that an appeal lies to government against the order of dismissal passed by the Chairman. The only contention raised by him is that the appeal was heard by Government without any notice being given to the petitioner, who got no opportunity to justify the order of dismissal and as such there was a violation of the principle of natural justice and the order of Government must be vacated.