Judgment

GAJENDRAGADKAR, J. : The respondent Murlidhar Jena was an officer in the Excise Department serving under appellant 1, the State of Orissa, and in course of time he rose to the rank of Senior Superintendent of Excise. Whilst he was working such Senior Superintendent in Ganjam District an enquiry was held against him in which three charges were broadly framed against him. It was alleged that he had put himself under an obligation to an excise vendor Harshabardhan Patnaik by name by receiving from him cash and gifts in kind from me to time. It was alleged that he had purchased an Austin Car 1951 Model at a concessional rate and that this transaction was done by him through Messrs. Barjorji of Balasore who were interested in the shop of Harshabardhan Patnaik. The third charge framed against him was that some gold ornaments were prepared for him by the said Patnaik through a goldsmith of Berhampur Chhotalal by name. It appears that there was a preliminary investigation conducted by the Enforcement Department in this matter and at the end of the said enquiry proceedings were formally commenced against the respondent and they were referred to the Administrative Tribunal constitute