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2017 Supreme(Ori) 558

B.K.NAYAK, D.P.CHOUDHURY
Subhendra Mohanty – Appellant
Versus
High Court of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M/s. G. A. R. Dora, (Sr. Advocate).
For the Opposite Parties :Mr. Bibhu Prasad Tripathy, (Additional Government Advocate).

JUDGMENT :

B.K.NAYAK, J.

In this writ petition the petitioner challenges the order dated 13.03.2013 under Annexure-9 retiring him compulsorily from judicial service.

2. The petitioner was recruited as Probationary Munsif on the basis of written test and interview and joined as such on 20.12.1982. He successfully completed his probation and was confirmed in service with effect from 21.12.1985. The case of the petitioner is that while working as Munsif-S.D.J.M. at Udala, a theft of Malkhana properties worth rupees 50,000/-(Rupees Fifty Thousand) took place in August, 1989 and the petitioner reported the matter to the District Judge and lodged an F.I.R. On 13.09.1989 the petitioner was promoted to the cadre of Orissa Judicial Service Class-I (Junior) and was further promoted to the cadre of Civil Judge (Senior Division) by notification dated 28.09.1995. It is stated by the petitioner that in August, 2002 an explanation was called for from him for not making proper arrangement to guard the Court Malkhana at Udala for which the theft in August, 1989 allegedly took place. Petitioner submitted















































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