( 1 ) THE respondent herein secured employment in the appellants establishment against a post reserved for the Scheduled Tribes on the basis of a Scheduled Tribe certificate issued by the Tahsildar, Nowrangpur. Subsequently the Tahsildar cancelled the said certificate after it was found that the respondent does not belong to a Scheduled Tribe. This order was passed under Rule 7 of the Orissa miscellaneous Certificate Rules and Rule 8 (2) of the Orissa Caste Certificate (for SC/st) rules. Under such circumstances the appellant decided to initiate disciplinary proceedings against the respondent for having committed gross misconduct in terms of para 521 (4) (n) of the Sastry Award.

( 2 ) THE charge against the respondent was that he secured the appointment by fraudulent means by submitting a false Scheduled Tribe certificate. The respondent filed his explanation. The appellant after giving an opportunity to the respondent terminated his services. The respondent challenged the order of termination of service in the High Court of orissa under Articles 226 and 227 of the constitution of India. The High Court of Orissa on a plea that the respondent was not confronted with the order of can