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1962 Supreme(SC) 329

B. P. SINHA, K. N. WANCHOO, P. B. GAJENDRAGADKAR, J. C. SHAH, K. C. DAS GUPTA
State Of Orissa – Appellant
Versus
Bidyabhushan Mohapatra – Respondent


Advocates:
B.PARTHASARTHY, G.B.PAI, J.B.DADACHAN, O.C.MATHUR, P.D.MENON, R.Ganapathy Iyer

Judgment

SHAH, J. : Bidyabhushan Mohapatra - hereinafter called the respondent was a permanent nongazetted employee of the State of Orissa in the Registration Department and was posted at the material time as a Sub-Registrar at Sambalpur. Information was received by the Government of the State of Orissa that the respondent was habitually receiving illegal gratification and that he was possessed of property totally disproportionate to his income. The case of the respondent was referred by order of the Governor of Orissa to the Administrative Tribunal constituted under R. 4 (1) of the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951 framed in exercise of the powers conferred by Art. 309 of the Constitution. The Tribunal held an enquiry in the presence of the respondent on two charges - (1) relating to five specific heads charging the respondent with having received illegal gratification, and (2) relating to possession of means disproportionate to his income as a Sub-Registrar. The Tribunal held that there was reliable evidence to support four out of the five heads in the first charge of corruption end also the charge relating to possession of means disproportionate t






















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