MANAMOHAN DAS Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Petitioner was a Sub-Inspector of police. In 1973 while he was posted as Sub-Inspector of Police, Jeypore Police Station in the district of Koraput, a disciplinary proceeding was started against him and he was placed under suspension with effect from 1-11-1973. On 25-11-73 he was served with charges for wilful disobedience of the orders of D. I. G.of Police, Southern Range, to appear before him in connection with a confidential enquiry and for gross indisciplined conduct in leaving Berhampur on 29-10-73 without his permission. Petitioner submitted his preliminary explanation on 27-7-74. The explanation was not accepted and an enquiry into the charges was ordered to be held by the Superintendent of Police, Ganjam. The enquiry was fixed to 16-9-74. By an application dated 15-9-74 the petitioner intimated the Enquiry officer that due to non-poyment of subsistence allowance he was facing financial difficulties and he had no financial capacity to bear the expenses of journey to attend the enquiry at Berhampur (vide Annexure 19). He was intimated that the enquiry was fixed to 5-10-74 and that if he failed to attend, the examination of witnesses would be taken up ex parte. Petitioner sent an application on 29-9-74 expressing his inability to attend the enquiry unless he got a bus warrant for his journey. He reiterated his request made in Annexure 19, for payment of subsistence allowance and also requested the Enquiring Officer to take up the matter of non-issue of bus warrant with the Superintendent of Police, Koraput vide Annexure 25 (1). He did not attend the enquiry on 5-10-74 when witnesses were examined in his absence. Two other witnesses were also examined ex parte on 14-1-75. The Enquiring Officer found the charges proved and submitted his report on 18-4-75. By order dated 8-8-75 the Deputy Inspector-General of Police, Southern Range, Berhampur dismissed the petitioner from service (vide Annexure 40). An appeal preferred by the petitioner to the Inspector-General of Police proved abortive. On 13-8-76 petitioner submitted a memorial to the Governor of Orissa which has not yet been disposed of despite issue of a reminder.

(2.) The main grievance of the petitioner is that due to financial difficulties resulting from non-payment of subsistence allowance he was unable to attend the enquiry.

(3.) In the counter filed by the opposite parties it is averred that the petitioner was placed under suspension with effect from 1-11-73 and he was paid his subsistence allowance up to 30th April, 1974. Government sanction for grant of subsistence allowance for a period of six months was communicated to the Superintendent of Police, Koraput on 11-9-74. Further sanction of Government for grant of subsistence allowance from 11-11-74 to 30-4-75 was communicated to the petitioner in July, 1975. He was under the discplinary control of the Reserve Inspector, Koraput and he had never approached the Reserve Inspector for issue of Bus warrants in order to enable him to perform the journey from Koraput to Berhampur. It is further contended that the petitioner had asked the Deputy Inspector-General of Police for some advance and the Deputy Inspector-General of Police ordered his stenographer to advance a sum of Rs. 15/- to Rs. 20/- after obtaining receipt from the petitioner. But the petitioner did not take the money and said that he had arranged his expenses.