AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) AS per the case of the petitioners, the petitioner No. 1, who was posted as Loading/Despatch Clerk (UDC) was served with a charge sheet dated 21.10.1995 containing the following charges, which are quoted below : - "It has been reported that on 16.10.1995 at about 8.30 a.m. when Sri B. Tripathy, Additional CME/Project Officer, KOCP was on his way to attend his duty in Companys Car No. BRM 7584 you alongwith others forcibly stopped the said car at Jubilee Regional Hospital More. As soon as the said car was -stopped you alongwith Sri Babu Lal Manjhi, Ward Boy of JRH, Kedla Nagar and others dragged him out of the car and abused him in the following languages : SHALEY KO AAJ JAAN SE MARKAR FEK DENA HAI YEH SHALLA BARKA OFFICER BANTA HAI. Thereafter you alongwith others prostrated him on the ground and assaulted him with list, foot and iron rod severely. Due to this Sri B.R. Tripathy got severe internal injury and one of the ribs of Sri Tripathy was fractured." After conclusion of the departmental enquiry, the Enquiry Officer found the charges proved against him and thereafter the Disciplinary Authority dismissed him from service by order dated 22.6.1996 contained in Annexure 2 to the writ application. It is stated that the petitioner No. 2 was served with the charges contained in Annexure 1 dated 17.10.1995 for the following charges, which are quoted below : - "(i) While you were on duty in 1st Shift (6 a.m. to 2 p.m.) on 16.10.1995 you left your duty place at 8.15 a.m. after getting your attendance marked present in the attendance register, without any information or permission. (ii) That on 16.10.1995 at about 8.30 a.m. when Shri B.R. Tripathy, Additional CME/Projeot Officer, Kedla Opencast Project was on his way to attend his duty in companys car No. BRM -7584, you alongwith others forcefully stopped the said car at Jubilee Regional Hospital More. As soon as the said car was stopped, you alongwith Sri Jai Prakash Singh, Loading/Dispatch clerk of Kuju Area alongwith others dragged him out of the Car and abused him in the following language : IS SAALE KO AAJ JAAN SE MAR KAR PHENK DENA HIA, YEH SAALA BARKA OFFICER BANTA HAI Thereafter you alongwith others prostrated him on the ground and assaulted him with fist, foot and Iron rod severely and tried to strangle him. Due to this Shri Tripathi got severe internal, injury and one of the ribs of Shri Tripathi was fractured."
(3.) THE charges against the petitioner were also found to be proved in the departmental enquiry and then he was also dismissed from the service.;