DHIRENDRANATH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by a Grade I Upper Division Assistant of the commerce Department of the Orissa Secretariat, against the order of the Government of Orissa No. 8307 -Com, dated 3 -9 -1955, dismissing him from service.

(2.) ON 27 -11 -1953, the Government of Orissa placed the petitioner under suspension and referred his case to the Tribunal constituted under the Disciplinary Proceedings (Administrative Tribunal) Rules 1951, in consequence of a report submitted by the Superintendent of Police, Enforcement, after confidential enquiry, to the effect that the petitioner and some other members of the ministerial staff of the commerce department had manipulated the figures in the Receipts Register so as to justify an increase in the staff.

(3.) THE main points of constitutional law, raised by Shri Srinivasa Misra on behalf of the petitioner are these: (i) In the notice dated 21 -10 -1954 issued by the Government to the petitioner, in purported compliance with the requirements of Article 311(2) it was not expressly stated that the Government had accepted the findings of Shri Kapila and had tentatively come to the conclusion that the petitioner should be dismissed from service; and that consequently the notice is defective.