Judgement

R. L. NARASIMHAM, C. J. :-

This is an application under Art. 226 of the Constitution by a Grade I Upper Division Assistant of the commerce Department of the Orissa Secretariat, against the order of the Government of Orissa No. 8307-Com, dated 3-9-1955, dismissing him from service.

2. On 27-11-1953, the Government of Orissa placed the petitioner under suspension and referred his case to the Tribunal constituted under the Disciplinary Proceedings (Administrative Tribunal) Rules 1951, in consequence of a report submitted by the Superintendent of Police, Enforcement, after confidential enquiry, to the effect that the petitioner and some other members of the ministerial staff of the commerce department had manipulated the figures in the Receipts Register so as to justify an increase in the staff.

The sole member of the Administrative Tribunal Shri P. K. Kapila, framed specific charges against the petitioner, called upon him to submit his explanation, and held a regular enquiry under the said rules. The enquiry appears to have been held in conformity with the principles of equity and natural justice, the witnesses were examined in his presence, and he was given an opportunity to cr