Judgment

SHAH, J. : Dhirendranath Das - respondent to this appeal - was appointed a lower Division Assistant in the Secretariat of the Government of Orissa. Later, the respondent was promoted as an Upper Division Grade I Assistant and was posted in the Commerce Department, and was at all material times a non-gazetted servant of the State. On November 27, 1953, by order of the Secretary to the Government of Orissa, Commerce Department, the respondent was placed under suspension pending an enquiry conducted by the S. P. Enforcement into cases of alleged manipulation of figures in the receipt registers maintained by certain employees in the commerce Department. By order of the Governor of Orissa, the case of the respondent along with the cases of certain other persons was referred for enquiry on January 23, 1954, to an Administrative Tribunal consisting of one P. K. Kapila, as sole member of the Tribunal, The Tribunal framed charges against the respondent and called upon him to show cause why he should not be dismissed from service. The respondent submitted his reply to the notice. The Tribunal held an enquiry and on September 28, 1954, recorded a finding that it was proved on the evid