JUDGMENT

N. L. UNTWALIA, J. :—The appellant in this appeal by special leave is Shri D. D. Suri - an erst-while member of the Indian Administrative Service in the cadre of the State of Orissa, Shri A. K. Barren, I.A.S. the Chief Secretary to the Government of Orissa at the relevant time was impleaded as respondent No. 1. He died during the pendency of this appeal. Therefore, his name is directed to be expunged. For the sake of convenience, however, he will be referred to hereinafter in this judgment as respondent No. 1. Shri S. K. Ghosh, I.P.S. respondent No. 2 was at the relevant time Director of Vigilance and Additional Secretary to the Government of Orissa in the Police and Services Department. He has since retired and no notice of this appeal could be served on him. Even so the appeal proceeded to hearing as for the disposal of this appeal, his appearance was not necessary. The State of Orissa is respondent No. 3, and the Government of India is respondent Number 4. Respondents 5 and 7 are other officers of the Government of Orissa.

2. It is an unfortunate protracted litigation with a chequered history. Yet we do not find it possible to bring it to conclusion by our judgment.

3. Th