STATE OF ORISSA Vs. BIDYABHUSHAN MOHAPATRA
LAWS(SC)-1962-10-13
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on October 19,1962

STATE OF ORISSA Appellant
VERSUS
BIDYABHUSHAN MOHAPATRA Respondents





Cited Judgements :-

STATE BANK OF INDIA VS. SAMARENDRA KISHORE ENDOW [LAWS(SC)-1994-1-88] [REFERRED TO]
KAILASH NATH GUPTA VS. ENQUIRY OFFICER R K RAI ALLAHABAD BANK [LAWS(SC)-2003-3-51] [REFERRED]
P D AGRAWAL VS. STATE BANK OF INDIA [LAWS(SC)-2006-4-38] [REFERRED TO]
L.K. KRISHNAN VS. STATE OF MADRAS [LAWS(MAD)-1971-3-62] [REFERRED TO]
PRAMOD KUMAR SHARMA VS. STATE OF M.P. [LAWS(MPH)-2019-1-282] [REFERRED TO]
BIPIN KUMAR PRASAD VS. STATE OF BIHAR [LAWS(PAT)-1999-12-74] [REFERRED TO]
K M CHERIAN VS. K V GEORGE [LAWS(MAD)-2003-7-146] [REFERRED TO]
ANIL BIHARI SARAN VS. STATE OF BIHAR [LAWS(PAT)-1966-4-14] [REFERRED TO]
MADHESHWAR PRASAD VS. BIHAR STATE CO-OPERATIVE MARKETING UNION LTD [LAWS(PAT)-1996-11-53] [REFERRED TO]
STATE OF HARYANA VS. TEK SINGH, CONSTABLE [LAWS(P&H)-1992-1-308] [REFERRED]
STATE BANK OF INDIA VS. H K DOGRA [LAWS(P&H)-1995-4-23] [REFERRED TO]
P CHANDRAN VS. DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2018-1-324] [REFERRED TO]
ARVIND VISHWANATH BAPAT VS. VAIKUNTHA MEHTA NATIONAL INSTITUTE OF COOP. MANAGEMENT [LAWS(BOM)-1996-11-58] [REFERRED TO]
SHRIDHAR DAJI TAWDE VS. FOOD CORPORATION OF INDIA [LAWS(BOM)-1988-10-44] [REFERRED TO]
NIRAJ KUMAR RAJAK VS. STATE OF BIHAR [LAWS(PAT)-2019-5-108] [REFERRED TO]
ABHAY KUMAR NAYAK VS. UNION OF INDIA [LAWS(ORI)-1985-7-25] [REFERRED TO]
Y. VENKAT RAO VS. SOUTH EASTERN RAILWAY AND ORS. [LAWS(ORI)-1990-11-38] [REFERRED TO]
SUPERINTENDENT MINES AND QUARRIES BISRA STONO LIME CO VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL [LAWS(ORI)-1964-5-7] [REFERRED TO]
RANA NATWARSINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1979-2-3] [REFERRED TO]
VIRENDER SINGH GILL VS. UNION OF INDIA [LAWS(J&K)-1996-2-11] [REFERRED TO]
RAKESH PAL RANA VS. UNION OF INDIA (UOI) AND ANR. [LAWS(J&K)-2008-4-25] [REFERRED TO]
K V SRIMANNARAYANA VS. REGISTRAR HIGH COURT OF A P [LAWS(APH)-1997-4-90] [REFERRED TO]
A K BANERJEE VS. DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA [LAWS(CAL)-1970-2-23] [REFERRED TO]
S ELHANCE VS. STATE BANK OF INDIA [LAWS(DLH)-2013-2-489] [REFERRED]
NAGARAJU VS. BOARD OF DIRECTORS DREDGING CORPORATION OF INDIA [LAWS(APH)-2007-6-48] [REFERRED TO]
RAVINDRA YADAV VS. UNION OF INDIA [LAWS(APH)-2007-6-80] [REFERRED TO]
M C JENA VS. COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT [LAWS(APH)-2007-7-58] [REFERRED TO]
M RACHAIAH VS. CENTRAL POWER DISTRIBUTION CO OF AP LTD [LAWS(APH)-2010-1-30] [REFERRED TO]
KAGITHA BHANU VS. PRINCIPAL JUNIOR CIVIL JUDGE CUM ELECTION TRIBUNAL [LAWS(APH)-2011-3-78] [REFERRED TO]
C VENKATARATHNAM VS. DEPUTY GENERAL MANAGER [LAWS(APH)-2012-9-98] [REFERRED TO]
STATE OF RAJASTHAN VS. PANKAJ KUMAR CHAUDHARY [LAWS(DLH)-2021-3-275] [REFERRED TO]
GAJENDRA PRASAD SAXENA VS. STATE OF U P [LAWS(ALL)-2015-3-127] [REFERRED TO]
THANESHWAR SINGH VS. UNION OF INDIA [LAWS(DLH)-1978-9-5] [REFERRED .]
R.C. CHINOY VS. STATE OF GUJARAT AND ANOTHER [LAWS(GJH)-1971-4-8] [REFERRED TO]
JYOTISH RANA VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-6-45] [REFERRED TO]
JAI VIR SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2007-11-128] [REFERRED TO]
POORNA SINGH KAIN VS. UNION OF INDIA [LAWS(DLH)-2008-9-90] [REFERRED TO]
RAMA KANT SHUKLA VS. U P SECONDARY EDUCATION SERVICES COMMISSION [LAWS(ALL)-1992-2-82] [REFERRED TO]
CHATTARPAL SINGH VS. THE UNION OF INDIA AND ORS. [LAWS(ORI)-2016-2-37] [REFERRED TO]
BHAGWAT PARSHAD VS. INSPECTOR GENERAL OF POLICE PUNJAB [LAWS(P&H)-1967-8-8] [REFERRED TO]
PRITAM SINGH VS. STATE OF HARYANA [LAWS(P&H)-1973-10-44] [REFERRED]
STATE OF UTTAR PRADESH VS. OM PRAKASH GUPTA [LAWS(SC)-1969-10-69] [RELIED ON]
DINBANDHU JHA VS. STATE OF BIHAR [LAWS(PAT)-2003-8-93] [REFERRED TO]
CENTRAL WARE HOUSING CORPORATION VS. J S BRAH [LAWS(MPH)-2001-7-45] [REFERRED TO]
BATAHARI JENA VS. STATE OF ORISSA [LAWS(ORI)-1966-9-7] [REFERRED TO]
HARINARAYAN BOHIDAR VS. SAMBALPUR UNIVERSITY [LAWS(ORI)-1971-4-11] [REFERRED TO]
SURAT PRASAD MEHTA VS. BHARAT COKING COAL LIMITED, DHANBAD [LAWS(JHAR)-2013-2-58] [REFERRED TO]
JUSTIN TIRKEY VS. UNION OF INDIA [LAWS(JHAR)-2013-3-9] [REFERRED TO]
STATE OF JHARKHAND VS. ARUN KUMAR [LAWS(JHAR)-2019-12-111] [REFERRED TO]
MANOJ KUMAR SINHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-6-98] [REFERRED TO]
K GANESAN VS. GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS CHIEF SECRETARY [LAWS(MAD)-2018-7-441] [REFERRED TO]
G S RAO VS. HINDUSTAN AERONAUTICS LIMITED BANGALORE [LAWS(KAR)-1990-7-70] [REFERRED TO]
NARAYANAN SANKARAN MOOSS VS. STATE OF KERALA [LAWS(KER)-1965-2-32] [REFERRED TO]
ARUNACHALAM MUTHU VS. NAFAN BV, HAVING ITS REGISTERED OFFICE AT LOCATELLIKADE [LAWS(BOM)-2012-11-71] [REFERRED TO]
ADINATH NARAYANRAO JADHAV VS. CHIEF GENERAL MANAGER [LAWS(BOM)-2012-4-63] [REFERRED TO]
CHANDRAKANT S O DAMODAR KALE VS. NAGPUR IMPROVEMENT TRUST [LAWS(BOM)-1997-3-44] [REFERRED TO]
PADMINI R BIJOOR VS. SHIPPING CORPORATION OF INDIA LIMITED [LAWS(BOM)-2001-7-33] [REFERRED TO]
MEHSANA DISTRICT MILK PRODUCERS UNION LTD VS. REGISTRAR COOPERATIVE SOCIETIES [LAWS(GJH)-2018-5-40] [REFERRED TO]
SUNIL KUMAR NAGPAL VS. CENTRAL BANK OF INDIA [LAWS(DLH)-2021-3-205] [REFERRED TO]
D SUNDARA RAMAIAH VS. NEW INDIA ASSURANCE CO LTD [LAWS(APH)-1997-8-4] [REFERRED TO]
BAGSU DEVI BAFNA VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1964-7-25] [REFERRED TO]
MONORANJAN DAS VS. COMMISSIONER PRESIDENCY DIVISION [LAWS(CAL)-1968-12-2] [REFERRED TO]
D SURYANARAYANA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1972-6-6] [REFERRED TO]
K.V. HANUMANTHA RAO VS. THE HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-1985-7-30] [REFERRED TO]
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION VS. STATE OF U P [LAWS(ALL)-2004-2-81] [REFERRED TO]
MANOJ KUMAR VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2012-4-204] [REFERRED TO]
DELHI POWER SUPPLY COMPANY LIMITED AND ORS. VS. RAJEEV SAPRA [LAWS(DLH)-2013-4-416] [REFERRED TO]
DIVISIONAL ELECTRICAL ENGINEER OPRATION APSEB BHIMAVARAM VS. T PALLAPA RAO [LAWS(APH)-2006-1-70] [REFERRED TO]
A RAJ KUMAR VS. DIVISIONAL SECURITY COMMISSIONER RPF HUBLI KARNATAKA [LAWS(APH)-2007-7-115] [REFERRED TO]
Kishori Lal VS. Union of India [LAWS(RAJ)-1977-12-3] [REFERRED TO]
SAHELA RAM SON OF CH DHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1967-5-1] [REFERRED TO]
BINNY LIMITED VS. THEIR WORKMEN [LAWS(SC)-1972-2-51] [DISTINGUISHED]
UNION OF INDIA PARMA NANDA VS. PARMA NANDA:STATE OF HARYANA [LAWS(SC)-1989-3-10] [RELIED ON]
INDRAJEET SINGH VS. DENA BANK [LAWS(PAT)-1988-11-12] [REFERRED TO]
SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT MADRAS VS. MARIMUTHU [LAWS(MAD)-1991-2-82] [REFERRED TO]
MANAGEMENT OF ENGLISH ELECTRIC COMPANY OF VS. PRESIDING OFFICER LAHOUR COURT [LAWS(MAD)-1974-4-5] [REFERRED TO]
HARI SINGH GOUR VS. STATE OF M P [LAWS(MPH)-1996-11-20] [REFERRED TO]
RIYAZ MOHD. VS. CENTRAL ADMINISTRATIVE TRIBUNAL, JAIPUR BENCH, JAIPUR AND ORS. [LAWS(RAJ)-2018-2-317] [REFERRED TO]
R.BALASUBRAMANIAN VS. ASSISTANT GENERAL MANAGER (REGION II) [LAWS(MAD)-2019-12-82] [REFERRED TO]
INSPECTOR GENERAL OF POLICE CHENNAI VS. K NATARAJAN [LAWS(MAD)-2012-8-184] [REFERRED TO]
CUDDALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. PRESIDING OFFICER [LAWS(MAD)-2013-6-30] [REFERRED TO]
V K GOPAL VS. H M T LIMITED BANGALORE [LAWS(KAR)-1994-8-4] [FOLLOWED ON]
B C PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2009-2-280] [REFERRED TO]
BINDESHWARI PRASAD VS. HINDUSTAN COPPER LTD [LAWS(JHAR)-2013-3-46] [REFERRED TO]
Madhu Saksena VS. Bank of India, Mumbai [LAWS(JHAR)-2013-3-123] [REFERRED TO]
CHANDRAKANT S/O DAMODAR KALE VS. NAGPUR IMPROVEMENT TRUST, THROUGH ITS EXECUTIVE OFFICER [LAWS(BOM)-1997-3-91] [REFERRED]
State of U.P. VS. Prem Shankar Sharma and others [LAWS(ALL)-2006-10-213] [REFERRED TO]
HARIDAS MALAKAR VS. JAY ENGINEERING WORKS [LAWS(CAL)-1974-10-18] [REFERRED TO]
REGISTRAR OF TRADE MARKS VS. J B WILLIAMS AND CO INC [LAWS(CAL)-1978-12-18] [REFERRED TO]
TRIPURA CHARAN CHATTERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-1978-9-27] [REFERRED TO]
K M L N MOHANA RAO VS. APSEB HYDERABAD [LAWS(APH)-1999-8-134] [REFERRED TO]
DIRECTOR N R S A HYDERABAD VS. G REDDAPPA [LAWS(APH)-1991-2-22] [REFERRED TO]
Y PANDURANGA SWAMY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1970-9-22] [REFERRED TO]
M K PRASAD VS. GOVERNMENT OF INDIA [LAWS(APH)-1978-2-28] [REFERRED TO]
ANANDRAM JIANDRAL VASWANI VS. UNION OF INDIA [LAWS(CAL)-1982-6-3] [REFERRED TO]
VISHNU DUTT SHARMA VS. GENERAL MANAGER, BANK OF BARODA (W.U.P.U.) [LAWS(ALL)-2017-4-109] [REFERRED TO]
KULDEEP SINGH VS. THE STATE OF PUNJAB [LAWS(P&H)-1992-1-199] [REFERRED TO]
PRABHU NARAYAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2001-2-37] [REFERRED TO]
DASAPPA VS. SOUTHERN RAILWAYS [LAWS(KAR)-1983-6-7] [REFERRED TO]
ARUN PRABHAT SINHA VS. THE HIGH COURT OF JUDICUTURE [LAWS(PAT)-2010-11-136] [REFERRED TO]
G. GABRIEL VS. THE STATE HOUSING BOARD BY ITS CHAIRMAN AND ANR. [LAWS(MAD)-1967-12-35] [REFERRED TO]
RAILWAY BOARD REPRESENTING THE UNION OF INDIA VS. NIRANJAN SINGH [LAWS(SC)-1969-2-28] [APPLIED]
Hari Singh Gour VS. State of M.P. [LAWS(MPH)-1996-11-34] [REFERRED TO]
R C RALHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1987-8-6] [REFERRED TO]
HAJARI LAL VS. JUDGE LABOUR COURT, AJMER AND ORS [LAWS(RAJ)-2014-3-344] [REFERRED]
G.S.SUBBARAMAN VS. INDIAN BANK [LAWS(MAD)-2019-10-146] [REFERRED TO]
N.PALANISAMY VS. STATE BANK OF INDIA [LAWS(MAD)-2019-10-400] [REFERRED TO]
WING COMMANDER S S CHAWLA VS. MANAGING DIRECTOR INDIAN AIRLINES AIRLINES HOUSE NEW DELHI [LAWS(APH)-1995-4-48] [REFERRED TO]
MOHAMMAD RIAZUDDIN VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2000-11-28] [REFERRED TO]
SRIMANNARAYANA K V VS. REGISTRAR ADMINISTRATION HIGH COURT [LAWS(APH)-1997-4-112] [REFERRED TO]
S R SUBRAMANYA VS. CHAIRMAN AND MANAGING DIRECTOR REVIEWINGAUTHORITY INDIAN BANK MADRAS [LAWS(KAR)-1995-8-59] [REFERRED TO]
MOHINI K VS. GENERAL MANAGER SYNDICATE BANK MANIPAL [LAWS(KAR)-1994-7-13] [REFERRED TO]
SHRIRAM SAHAKARI SAKHAR KARKHANA LTD VS. DIRECTOR OF SUGAR AND ADDITIONAL REGISTRAR CO OP SOCIETIES [LAWS(BOM)-1996-3-36] [REFERRED TO]
V K GARG VS. GOVERNOR [LAWS(DLH)-2007-3-166] [REFERRED TO]
SAROJ SRIVASTAVA VS. RAJYA SABHA DECRETARIAT [LAWS(DLH)-1997-9-34] [REFERRED]
B D LUTHRA VS. CHAIRMAN and MANAGING DIRECTOR PUNJAB NATIONAL BANK [LAWS(DLH)-2004-7-102] [REFERRED TO]
VASANTLAL DHANSUKHLAL JARIWALA VS. G N DIKE SECRETARY TO GOVERNMENT OF GUJARAT [LAWS(GJH)-1975-6-1] [REFERRED]
B M RAO VS. STATE OF GUJARAT [LAWS(GJH)-2004-11-26] [REFERRED TO]
P P RATHOD VS. GUJARAT WATER SUPPLY & SEWERAGE BOARD [LAWS(GJH)-2024-3-84] [REFERRED TO]
DEEPAK GANGULY VS. UNION OF INDIA UOI [LAWS(ALL)-1997-1-109] [REFERRED TO]
B DEVADAS VS. CHAIRMAN CUM MANAGING DIRECTOR [LAWS(APH)-2012-9-91] [REFERRED TO]
CH VIJAYA RAJU VS. SUPERINTENDING ENGINEER [LAWS(APH)-2005-7-133] [REFERRED TO]
T PREMCHANDRA RAO VS. B PRAMOD GENERALMANAGER SYNDICATE BANK [LAWS(APH)-2006-6-90] [REFERRED TO]
M GOPALA KRISHNA VS. DIVISIONAL SECRETARY COMMISSIONER RAILWAY PROTECTION FORCE [LAWS(APH)-2006-7-54] [REFERRED TO]
MAHENDER SINGH VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2012-1-30] [REFERRED TO]
RAVI KANT VS. STATE BANK OF INDIA [LAWS(ALL)-2018-10-227] [REFERRED TO]
VIRENDRA YADAV VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-1-135] [REFERRED TO]
BASANTA KUMAR MISHRA VS. ORISSA STATE ROAD TRANSPORT CORPORATION [LAWS(ORI)-2024-7-68] [REFERRED TO]
MANI KANT ARYA VS. RAJASTHAN KHADI AND VILLAGE INDUSTRIES BOARD AND [LAWS(RAJ)-1993-7-35] [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [LAWS(SC)-1995-11-163] [RELIED ON]
JWALA PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-1975-4-3] [REFERRED TO]
PRAMOD KUMAR AGRAWAL VS. STATE OF M P [LAWS(MPH)-2009-10-10] [REFERRED TO]
STATE BANK OF INDIA VS. MOHAMMAD BADRUDDIN [LAWS(SC)-2019-7-58] [REFERRED TO]
EX-CONST/DVR MUKESH KUMAR RAIGAR VS. UNION OF INDIA [LAWS(SC)-2023-1-36] [REFERRED TO]
REGIONAL MANAGER U P S R T C ETAWAH VS. HOTI LAL [LAWS(SC)-2003-2-108] [REFERRED]
SHYAMKANT TIWARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1985-4-28] [REFERRED TO]
K.C. RANGARAJAN (DIED) THROUGH LRS. VS. CHAIRMAN, STATE BANK OF INDIA [LAWS(ORI)-1997-3-23] [REFERRED TO]
DILLIP KUMAR ROY VS. HONBLE CHIEF JUSTICE [LAWS(ORI)-2001-6-19] [REFERRED TO]
VICTOR FRANCIS VS. UNITED COMMERCIAL BANK, KOLKATA [LAWS(JHAR)-2013-2-18] [REFERRED TO]
SARDAR SINGH MUNDARI VS. FOOD CORPORATION OF INDIA [LAWS(JHAR)-2013-2-81] [REFERRED TO]
K R SESHAN VS. DEPUTY INSPECTOR GENERAL OF POLICE SOUTHERN RANGE MADURAI [LAWS(MAD)-1967-12-22] [REFERRED TO]
A. VENUGOPALA CHETTIAR VS. THE STATE REPRESENTED BY THE SECRETARY, FOOD AND AGRICULTURE DEPARTMENT AND ORS. [LAWS(MAD)-1968-1-40] [REFERRED TO]
K.P. ABDUL KAREEM HAJEE AND ANR. VS. DIRECTOR, ENFORCEMENT DIRECTORATE [LAWS(MAD)-1976-12-40] [REFERRED TO]
STATE OF MADRAS VS. A R SRINIVASAN [LAWS(MAD)-1963-9-26] [REFERRED TO]
BOARD OF DIRECTORS OF TANSI CORPORATION VS. S MOHANRAJ [LAWS(MAD)-1991-4-58] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-4-299] [REFERRED TO]
G R VENKATESHWARA REDDY VS. KARNATAKA STATE ROAD TRANSPORT CORPORATION BANGALORE [LAWS(KAR)-1994-6-19] [FOLLOWED ON]
RAM KISHEN VS. MUNICIPAL CORPORATION OF DELHI AND ANOTHER [LAWS(DLH)-1970-5-47] [REFERRED TO]
KAILASH CHAND GUPTA VS. CHIEF COMMISSIONER DELHI ADMINISTRATION [LAWS(DLH)-1970-8-9] [REFERRED]
K M L N MOHANA RAO VS. A P S E B [LAWS(APH)-1999-8-66] [REFERRED TO]
HIRENDRA NATH BAKSHI VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(CAL)-1975-9-34] [REFERRED TO]
SUNIL KUMAR BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-1973-9-26] [REFERRED TO]
B D LUTHRA VS. CHAIRMAN and MANAGING DIRECTOR PUNJAB NATIONAL BANK [LAWS(DLH)-2004-3-54] [REFERRED TO]
R P CHHABRA VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2004-7-16] [REFERRED TO]
ANKIT GUPTA VS. VICE CHANCELLOR UNIVERSITY OF DELHI [LAWS(DLH)-2006-12-28] [REFERRED TO]
KARAN JAIN VS. DIRECTOR NSIT [LAWS(DLH)-2006-12-31] [REFERRED TO]
GOVIND RAGHO KHAIRNAR VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-1997-7-12] [REFERRED TO]
BHANU PRATAP GOSAAIN VS. ASSISTANT GENERAL MANAGER ALLAHABAD BANK [LAWS(CAL)-1993-12-20] [REFERRED TO]
DIPENDRA NARAYAN MUNSI VS. WEST BENGAL STATE ELECTRICITY BOARD [LAWS(CAL)-2002-7-21] [REFERRED TO]
PRASANTA KUMAR BASU VS. BURN STANDARD CO LTD [LAWS(CAL)-2002-9-17] [REFERRED TO]
KANTA RANI VS. REGISTRAR GENERAL [LAWS(DLH)-2012-1-68] [REFERRED TO]
J.K. CHANDNA VS. THE PRATHAMA BANK AND ORS. [LAWS(ALL)-2016-3-12] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
NATH MISHRA VS. STATE BANK OF INDIA [LAWS(ALL)-2003-8-216] [REFERRED TO]
DEO KUMAR OJHA VS. BOARD OF DIRECTORS U P STATE WAREHOUSING CORPORATION [LAWS(ALL)-2002-8-145] [REFERRED TO]
T SRINIVAS VS. INSPECTOR GENERAL OF POLICE [LAWS(APH)-2007-5-9] [REFERRED TO]
B ARCHANA REDDY VS. STATE OF A P [LAWS(APH)-2005-11-64] [REFERRED TO]
CH PURUSHOTHAM VS. SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTH CENTRA [LAWS(APH)-2006-11-165] [REFERRED]
SATUBHA K VAGHELA VS. MOOSA RAZA THE DISTRICT DEVELOPMENT OFFICER AHMEDABAD [LAWS(GJH)-1968-2-5] [REFERRED]
KRISHNA CHANDRA TANDON VS. UNION OF INDIA [LAWS(SC)-1974-4-17] [RELIED ON]
SAWARN SINGH VS. STATE OF PUNJAB [LAWS(SC)-1975-11-45] [FOLLOWED]
STATE OF UTTAR PRADESH VS. CHANDRA MOHAN NIGAM:CHANDRA MOHAN NIGAM [LAWS(SC)-1977-9-10] [FOLLOWED]
JAYANT V. SELMOKAR VS. STATE BANK OF INDIA [LAWS(TLNG)-2023-2-33] [REFERRED TO]
MADAN GOPAL VS. THE PUNJAB STATE [LAWS(P&H)-1965-11-35] [REFERRED TO]
SHRI RAM MURTI CHOPRA VS. THE SENIOR SUPERINTENDENT OF POST OFFICES, LUDHIANA DIVISION, LUDHIANA, AND OTHERS [LAWS(P&H)-1965-2-29] [REFERRED TO]
M K TRADING COMPANY VS. STATE OF PUNJAB [LAWS(P&H)-1974-4-8] [REFERRED TO]
STATE VS. DANMAL [LAWS(RAJ)-1977-10-3] [REFERRED TO]
UDAYAPPAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1981-8-42] [REFERRED TO]
STATE BANK OF INDIA VS. K P NARAYANAN KUTTY [LAWS(SC)-2003-1-102] [REFERRED]
CHAIRMAN, RAILWAY BOARD, NEW DELHI VS. D. SAINSON [LAWS(MAD)-1995-2-139] [REFERRED TO]
BHAGWATI SINGH VS. DISTRICT ELECTRIC ENGINEER NORTH EASTERN RAILWAY [LAWS(PAT)-1966-1-8] [REFERRED TO]
A K HANDA VS. UNION OF INDIA [LAWS(MPH)-1987-8-32] [REFERRED TO]
UCO BANK VS. NARENDRA NARAYAN SHRIVASTAVA [LAWS(MPH)-1999-12-9] [REFERRED TO]
GANDHARAB SINGH VS. PRESIDING OFFICER [LAWS(P&H)-2001-9-106] [REFERRED TO]
MOVVAR SUBRAMANYA BHAT VS. STATE OF MYSORE [LAWS(KAR)-1973-9-36] [REFERRED TO]
ALL INDIA REPORTER LIMITED VS. COMPETENT AUTHORITY IAC OF I T [LAWS(BOM)-1981-2-28] [REFERRED TO]
UNION OF INDIA VS. SURAJ BHAN [LAWS(DLH)-1970-1-9] [REFERRED .]
SHRI I.D. GUPTA VS. DELHI ADMINISTRATION [LAWS(DLH)-1973-1-40] [REFERRED TO]
N. PURUSHOTHAMAN VS. OFFICER COMMANDING [LAWS(KER)-1992-2-64] [REFERRED TO]
HADIBANDHU JENA VS. TRIBAL DEVELOPMENT CO OPERATIVE [LAWS(ORI)-1998-7-39] [REFERRED TO]
PUNJAB STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD VS. UTTAM SINGH [LAWS(P&H)-1994-3-118] [REFERRED]
UNION OF INDIA VS. DURGAGATI BHATTACHARYA [LAWS(CAL)-1971-3-5] [REFERRED TO]
DIVISIONAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION VS. E RAJA REDDY [LAWS(APH)-1999-10-10] [REFERRED TO]
M A NARAYANA SETTY VS. DIVISIONAL MANAGER and DISCIPLINARY AUTHORITY LIC OF INDIA CUDDAPAH [LAWS(APH)-1989-8-12] [REFERRED TO]
DIRECTOR NRSA BALANAGAR HYDERABAD VS. G RGDDAPPA [LAWS(APH)-1991-2-20] [REFERRED TO]
STATE BANK OF HYDERABAD GUNFOUNDRY HYD VS. V K GADGIL [LAWS(APH)-1994-4-21] [REFERRED TO]
HASMUKHLAL V SHAH VS. BANK OF INDIA [LAWS(GJH)-1994-8-7] [REFERRED TO]
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JUDGEMENT

Shah, J. - (1.)Bidyabhushan Mohapatra - hereinafter called 'the respondent' was a permanent nongazetted employee of the State of Orissa in the Registration Department and was posted at the material time as a Sub-Registrar at Sambalpur. Information was received by the Government of the State of Orissa that the respondent was habitually receiving illegal gratification and that he was possessed of property totally disproportionate to his income. The case of the respondent was referred by order of the Governor of Orissa to the Administrative Tribunal constituted under R. 4 (1) of the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951 framed in exercise of the powers conferred by Art. 309 of the Constitution. The Tribunal held an enquiry in the presence of the respondent on two charges - (1) relating to five specific heads charging the respondent with having received illegal gratification, and (2) relating to possession of means disproportionate to his income as a Sub-Registrar. The Tribunal held that there was reliable evidence to support four out of the five heads in the first charge 'of corruption' end also the charge relating to possession of means disproportionate to the income and recommended that the respondent be dismissed from service. The finding of the Tribunal was tentatively approved by the Governor Orissa and the respondent was called upon to show cause why he should not be dismissed from service as recommended. The respondent made a detailed submission in rejoinder and contended, inter alia, that the Tribunal held the enquiry in a manner contrary to rules of natural justice. After consulting the Public Service Commission the Governor of Orissa by order dated September 26, 1957 directed that the respondent be dismissed from service. The respondent then applied to the High Court of Orissa by petition under Arts. 226 and 227 of the Constitution, inter alia, for a writ quashing the entire proceedings before the Tribunal beginning from the charges and culminating in the order of dismissal and directing the State of Orissa to forbear from giving effect to the order of dismissal dated September 26, 1957 and for a declaration that he be deemed to have continued in his post as Sub-Registrar.
(2.)In support of his petition the respondent submitted that the order of dismissal was void because the rules relating to the holding of an enquiry against non-gazetted public servants, called the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951 - were discriminatory, and that in holding the enquiry against him the Tribunal had violated the rules of natural justice. Following their view in Dhirendranath Das vs. State of Orissa, ILR (1958) Cut 11, the High Court held that the impugned rules were discriminatory and on that account void, and that the respondent was entitled to a writ declaring that the order of dismissal was inoperative. As, however, the case of Dhirendranath Das, ILR (1958) Cut 11, was carried in appeal to this Court, the High Court proceeded to deal with the second submission. The High Court held that the findings of the Tribunal on charges 1(a) and 1(e) were vitiated because it had failed to "observe the rules of natural justice", but they held that the findings on charges 1(c), 1(d) and charge (2) were supported by evidence and were not shown to be vitiated because of failure to observe the rules of natural justice. The High Court accordingly directed that if this Court disagreed with the view in Dhirendranath Das's case, ILR (1958), Cut 11 the findings in respect of charges 1 (a) and 1(e) be set aside as being opposed to the rules of natural justice but the findings in respect of charges 1 (c) and 1(d) and Charge (2) need not be disturbed", and "that it would then be left to the Government to decide whether, on the basis of those charges, the punishment of dismissal should be maintained or else whether a lesser punishment would suffice."
(3.)The State of Orissa has appealed to this Court with certificate of fitness granted by the High Court under Art. 132 of the Constitution The High Court in Dhirendranath Das's case, ILR (1958) Cut 11 had held that at the material time there were in operation two sets of rules governing enquiries against non-gazetted public servants:(i) the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951 (called the Tribunal Rules) and (ii) the Civil Services (Classification, Control and Appeal) Rules, 1930 with the subsidiary rules framed thereunder such as the Bihar and Orissa Subordinate Service Discipline and Appeal Rules, 1935 (collectively called the Classification Rules), and these two sets of rules provided for different punishments and justified commencement of proceedings for different reasons, and whereas there was a right of appeal against the order of a departmental head imposing punishment, under the Classification Rules there was no right of appeal against the order of the Governor, imposing punishment, under the Tribunal Rules. The High Court observed
"the main difference between the two sets of rules arises from (1) the nature of the punishment proposed, and (2) the right of appeal. Under the Tribunal Rules the findings of the Tribunal including the proposed punishment are submitted to Government and are in the nature of a recommendation which the Government may or may not accept. But the Government are bound to consult the public Service Commission before they pass final orders. Government have the power to impose the penalty of compulsory retirement under sub-r. (2) of R. 8 of the Tribunal Rules in addition to the other penalties, described in R. 49 of the Classification Rules. The right of appeal is expressly barred by sub rule (3) of R. 9. The Tribunal Rules do not say that every case against a Government servant, whether gazetted or non-gazetted in which the acts of misconduct alleged are any of those described in sub-rule (1) of R. 4 of the said Rules, should be invariably referred to the Tribunal. Thus, if there are two non- gazetted Government servants both of whom have committed identical acts of misconduct such as failure to discharge duties properly it is left to the unfettered discretion of the Government to refer the case of one of them to the Tribunal for enquiry under the said rules, and to allow the enquiry against the other public servant to be held departmentally by his superior officers under the provisions of the Classification Rules. The former public servant will have no right of appeal, but he will have the satisfaction of his case being enquired into not by his immediate superiors, but by an independent authority, namely, the Member, Administrative Tribunal, whose recommendation will be subjected to further scrutiny by the Public Service Commission and the final authority to pass any order of punishment will be the Government. The latter public servant however, though denied the advantage of having his case investigated by independent authorities, is given a statutory right of appeal. The procedure laid down in the Classification Rules may be described as the normal procedure for taking disciplinary action against the Government servants, whether gazetted or non-gazetted; and the procedure laid down in the Tribunal Rules may be described as a drastic procedure.
The High Court then observed after considering the arguments advanced at the Bar That so far as non-gazetted Govt. servants are concerned the provisions of the Tribunal Rules are less advantageous and more drastic than those of the Classification Rules and the conferment of an unfettered discretion on the Executive to apply either of these rules for the purpose of taking disciplinary action against a non-gazetted Government servant would offend Art. 14 of the Constitution" Accordingly the High Court quashed the order of dismissal passed against the public servant concerned. Against the order of the High Court, an appeal was filed to this Court. In this Court counsel for the State of Orissa in that appeal made no attempt to challenge the correctness of the decision of the High Court, on the question of discrimination. The Tribunal Rules and the Classification Rules were not even included in the Books prepared for the use of this Court at the hearing. The only argument in support of the appeal advanced by counsel for the State was that the Classification Rules were not in operation when enquiry was directed against the delinquent public servant and the only rules under which the enquiry could be directed were the Tribunal Rules, and therefore by directing an enquiry against the delinquent public servant the guarantee of the equal protection clause of the Constitution was not violated. This Court held that if two sets of rules were simultaneously in operation at the material time, and by order of the Governor, enquiry was directed against the respondent under the Tribunal Rules which were "more drastic" and "prejudicial to the interests of the public servant", a clear case of discrimination arose, and the order directing the enquiry against the public servant and the subsequent proceedings were liable to be struck down as infringing Art. 14 of the Constitution. This Court accordingly dismissed the appeal of the State. An application for review of judgment was then filed by the State, and it was contended that the Bihar and Orissa Subordinate Services Discipline and Appeal Rules, 1935 were not statutory rules and they did not constitute "law" and that there had been some misapprehension about "the submission made at the Bar which had led to an apparent error on the face of the record." Even at that stage it was not urged that the view taken by the High Court that the Tribunal Rules were "more drastic and prejudicial to a public servant against whom an enquiry was directed to be made" could not on a true interpretation of the rules be sustained. This Court rejected the application for review of judgment.


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