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1959 Supreme(Ori) 33

R.L.NARASIMHAM, G.C.DAS
RAMCHANDRA CHOUDHURY – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
G.K.Mishra, S.C.MAHAPATRA

NARASIMHAM, C. J.

( 1 ) THIS is a petition under Article 226 of the Constitution by a Sub Deputy Collector and Anchal Adhikari of the Government of Orissa, challenging the validity of the order of the Government, in Revenuedepartment Resolution No. Con-l/58-21-R (C. S.) dated 25-1-1958, dismissing him from Government service.

( 2 ) WHILE the petitioner was working as Anchal Adhikari at Kudala from 16-121952 to 27-8-1954 he was placed under suspension on charges of corruption and misconduct in the discharge of his official duties. His case was referred to the sole member Tribunal (hereinafter referred to as the Tribunal) under the provisions of the Disciplinary Proceedings (Administrative Tribunal) Rules 1951 (hereinafter referred to as the Rules ). The said Tribunal framed six charges against him and proceeded with the enquiry in respect of all these charges. At the commencement of the enquiry a senior officer of the Revenue Department was co-opted by the Tribunal as an assessor to assist in enquiry. The assessor worked with the Tribunal till the recording of the entire evidence against the delinquent public servant, but when the petitioner examined witnesses in his defence the a














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