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2011 Supreme(Ori) 339

V.GOPALA GOWDA, B.N.MAHAPATRA
Kailash Chandra Padhi – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For Petitioner: M/s. J. Panda and Mr. G. N. Mishra
For Opp. Parties :Government Advocate

JUDGMENT

B.N. Mahapatra, J.

In the present writ petition challenge has been made to the order dated 19.08.1995 (Annexure-7) passed by opposite party No.1-State of Orissa through Secretary to Government, Department of Law, Sachivalaya Bhubaneswar, Dist: Khurda by which opposite party No.1 prematurely retired the petitioner w.e.f. 19.08.1995 in exercise of powers conferred under clause (a) of Rule 71 of the Orissa Service Code on the ground that the said order is arbitrary, malafide and vitiated for non-application of mind.

2. Petitioner’s case in a nutshell is that he was recruited through the Orissa Public Service Commission as a Temporary Munsif in O.J.S. (Class-II) Cadre under the Emergency Recruitment Rules, 1979. After Opposite party No.1 appointed him as a Munsif on 09.01.1981, this Court posted him as an Additional Munsif in the Judgeship of Ganjam-Boudh on 14.01.1981. Subsequently, he was appointed in the rank of Munsif in the cadre of O.J.S. (Class-II) w.e.f. 27.01.1983. During his incumbency as a Munsif at various stations, there were adverse entries in his Confidential Character Roll (CCR) for the years 1984, 1985, 1986, 1987 and 1989. According to the petitioner, all the











































































































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