JUDGMENT

I. M. QUDDUSI, J. : The petitioner filed this writ petition challenging the judgment and order dated 16.8.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dismissing O.A. No.973 (C) of 2005 filed by him against the impugned order of punishment of reduction in rank to the post of Deputy Superin¬tendent of Excise.

2. The case of the petitioner, in brief, is that he was initially appointed as Inspector of Excise on 29.10.1976. There¬after, in the year 1992 he was posted at Cuttack as Deputy Super¬intendent of Excise against a newly created post. No specific duty was assigned to him and, therefore, he had to work as per the instruction of the Superintendent of Excise, Cuttack. Howev¬er, in paragraph 23 of the Board’s Instructions, the general duties of all officers of Excise Department have been prescribed as under :

“Briefly stated the duties of all officers of Excise Depart¬ment are to prevent and detect offences against laws in force as enumerated in paragraph 2 to inspect shops licensed by the Excise Department and check to illicit or improper practices on the part of the licensed vendors to supervise distilleries and ware houses to discourage exc