Judgment

HIDAYATULLAH, C.J.I.-The appellant, Janki Nath Sarangi, was a non-gazetted Government servant working as Sub-Divisional Officer in the Public Works Department of the Orissa State. As a result of disciplinary proceedings against him he was ordered to be dismissed by the Chief Engineer on October 30, 1957. Two charges were framed against him of which the second charge is no longer in dispute because it was dropped. The first charge related to his misconduct which is described as joining hands with a contractor by inflating the work done by him in the annual repairs of the Aur Ring Bund (Embankment No. 31-B) of Brahmani river under Mahanadi Division by falsely certifying that he had checked measurements in the measurement book which measurements were later found to be incorrect. This first charge concerned certain pits from which earth was extracted in the 1st mile 3rd and 4th quarters, 6th mile 3rd and 4th quarters and 7th mile Ist quarter. In the first mile there was a discrepancy of 3137 c. ft. when the Executive Engineer verified the measurements. This was said to have caused a loss of Rs. 150/- to the Government. In the 5th mile and the 7th mile the measurements were sai