R.L.NARASIMHAM, G.C.DAS
BIDYA BHUSHAN MOHAPATRA – Appellant
Versus
STATE OF ORISSA – Respondent
NARASIMHAM, C. J.
( 1 ) THIS is a petition under Article 226 of the Constitution against order No. 83/57- 16329 R dated 26-9-1957, of the Government of Orissa in the Revenue Department and dismissing the petitioner from Government Service.
( 2 ) THE petitioner was a permanent non-gazetted Government Servant holding the post of Sub-Registrar under the Government of Orissa. On 2-8-1954 he was placed under suspension and departmental proceedings against him were enquired into by the Member, Administrative Tribunal, in accordance with the provisions of the Disciplinary Proceedings (Administrative Tribunal) Rules. 1951. After conducting the enquiry the Tribunal held him guilty of charges of corruption and reported to Government recommending his dismissal from service. Government sent a copy of his report to the petitioner and called upon him to show cause why he may not be dismissed from service. After considering his representation, the Government of Orissa passed order dismissing him from service as stated above.
( 3 ) MR. B. K. Pal challenged the order of dismissal on two grounds: (i) In view of the decision of this Court in ILR 1958 Cut 11 : (AIR 1958 Orissa 96), Dhirendranath Da
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