BRAHMANANDA SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this application under Article 226 of the Constitution praying for issue of a writ in the nature of Certiorari quashing an order dated 27th november, 1961 passed by the Government of Orissa imposing certain punishments on the petitioner. The petitioner joined service as an Assistant in the finance Department of the Government of Bihar and Orissa in 1933 and continued in service under the Government of Orissa with effect from 1-4-1936. In due course, he was promoted as personal Assistant to the Director of Industries in the year 1043. While so working charges were framed against him by Government on 7th May, 1967 for retaining undisbursed money in his personal custody, for drawing irregularly money from the Treasury and for utilising the money drawn for a particular purpose for other purposes (Annexure-A ). Before the charges were actually served upon Mm, he was put under suspension with effect from 8th December, 1956 (Annexure B ). The petitioner submitted his explanation to the charges which were thereafter duly enquired into by Sri S. C. Panigrahi, the deputy Secretary, who found him guilty of all the three charges, but considered charges nos. 2 and 3 to be not of a very serious nature, and submitted record of his enquiry to Government. On 3rd August, 1959, Government communicated to the petitioner their tentative decision, the relevant portion of which may be quoted:

(2.) HIS pay in the post of Personal Assistant to Director of industries is reduced from Rs. 435/- to Rs. 410/- per month in the scale of Rs. 310-35-435/-for a period of one year from the date he joined his post on being reinstated therein in accordance with the G. O. under reference.

(3.) THE period of suspension will not be treated as duty. It will be treated as suspension only. The officer will not be entitled to anything more than the subsistence allowance and other allowance sanctioned by Government from time to time for the said period under the rules. XX XX XX it may be stated here that even during the pendency of the proceedings against the petitioner, he was by order dated 27th October, 1959 released from suspension with effect from the next date, namely, 28th October, 1959. The petitioner resumed his duties as Personal Assistant to the Director of Industries from which post he retired in due course. The petitioner preferred an appeal against the punishment imposed upon him but Government rejected the appeal.