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2014 Supreme(Ori) 285

A.K.RATH, AMITAVA ROY
Budhiram Ho – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner:Mr. M.K. Mohanty, Advocate
For Opp. Parties: Mr. S.N. Mohapatra, Standing Counsel for S & ME. (For O.Ps. 1 to 3)
Mr. A.K. Biswal, Advocate (For O.P.4)

JUDGMENT

DR. A.K. RATH, J.

In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, for issuance of a writ of mandamus to the opposite parties to take immediate action for dismissal of opposite party no.4 from Government service as per Rule 18 read with Rule 13 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962.

2. Bereft of unnecessary details, the short facts of the case of the petitioner are that Bhaskar Bej, opposite party no.4, was the Headmaster In-charge of Padmapokhari Sevashram under the Kaptipada Education District in the district of Mayurbhanj. The petitioner, who is a schedule tribe, wanted to admit his son Narendra Ho in the said Sevashram. The opposite party no.4 demanded Rs.600/-from the petitioner for admission. When the petitioner denied to pay the amount, opposite party no.4 refused to admit his son in the Sevashram and abused him in filthy language. Thereafter, the petitioner paid an amount of Rs.300/-to opposite party no.4 on 12.7.2001 and assured to pay the rest amount of Rs.300/-on 27.8.2001. Thereafter, he lodged an F.I.R. before the S.P. Vigilance, Balasore and trap was conducted by






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