JUDGMENT

P. K. BALASUBRAMANYAN, C.J. — The petitioner in this petition has challenged the order dated 3.8.1999 passed by the Orissa Adminis¬trative Tribunal, Cuttack Bench as contained at Annexure-8 on a motion made before it by opposite party No. 1, who was Secretary of Dava Gram Panchayat. The order was passed by the Tribunal even without notice to the Grama Panchayat. By that order the Tribunal directed the District Magistrate and Collector, Bargarh to see that his instructions by letter dated 21.8.1998 are carried out within a fortnight of receipt of a copy of that order.

The District Magistrate and Collector in his turn issued a letter on 27.8.1999 as contained at Annexure-9 to the Grama Panchayat intimating it of the direction of the Tribunal.

2. The Grama Panchayat kept opposite party No. 1 under suspension on the allegation that there were grave charges against him, and in dereliction of his duty as Secretary of the Grama Panchayat, he acted in a manner prejudicial to the inter¬ests of the Grama Sasan. The Grama Panchayat also found that the Secretary has been prosecuted under the Essential Commodities Act and placed him under suspension in exercise of power under Rule 216