JUDGMENT :

Dr. B.R.Sarangi, J.

The petitioner, who was working as a driver under the Bhubaneswar Development Authority, has files this application challenging the order of dismissal passed by the disciplinary authority vide Annexure-6 dated 9.8.1989 and confirmation thereof by the appellate authority vide Annexure-8 dated 2.6.2001 alleging that the procedure as envisaged under the Orissa Civil Services (Classification, Control and Appeal) 1962 Rules (hereinafter referred to as „the 1962 Rules?) have not been followed. Thereby seeks for quashing of the same.

2. The short fact of the case in hand is that the petitioner initially joined as driver in the year 1978 under the Bhubaneswar Regional Improvement Trust, which has been converted to BDA where the services of petitioner was transferred and he was continued therein w.e.f. 1.9.1983. The petitioner while continuing in service was placed under suspension on 19.2.1988 vide Annexure-1 pending framing of draft charges against him. The draft charges were framed against the petitioner vide Annexure-2 dated 2.4.1998, namely, (1) disobedience of lawful orders of the authority (2) misconduct and forgery of documents and he was called upon t