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Bansidhar Bariki Aged about 36 years Son of Gopal Bariki Resident of New Bus Stand Bapuji Nagar, P.O./P.S.: Phulbani District: Kandhamal. ... Petitioner.

-VERSUS-

1. State of Odisha Represented through Commissioner-cum-Secretary Home Department, Lok Seva Bhawan Bhubaneswar, District: Khordha.

2. Director General & Inspector General of Police Odisha, Cuttack.

3. Inspector General of Police, Southern Range, Berhampur District: Ganjam.

4. Superintendent of Police, Kandhamal, At/P.O.: Phulbani District: Kandhamal. ... Opposite parties.

Counsel appeared for the parties:

For the Petitioner : Mr. Srinivas Mohanty, Ms. Kabita Patra, Mr. Sujit Kumar Acharya and Mr. Sushree Ranjan Mohanty, Advocates For the Opposite Parties : Mr. Shantanu Das, Additional Standing Counsel P R E S E N T:

HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 20.11.2024 :: Date of Judgment : 20.11.2024 J UDGMENT MURAHARI SRI RAMAN,J.--

Order in Memo No.4674/SR ED/3259/14-15, dated 13.12.2022 issued by the Inspector General of Police, SR, Berhampur rejecting the appeal in consideration of representation dated 20.07.2022 to show indulgence in the penalty of dismissal from Government service with effect from 05.07.2022 by the Superintendent of Police, Kandhamal vide Order in Memo No.1148/RO, dated 05.07.2022 in connection with departmental proceeding being Kandhamal District Proceeding No.11, dated 03.07.2015, is under challenge before this Court in the present writ application filed under Article 226/227 of the Constitution of India with the following prayer(s):

Rival contentions and submissions:

3. Sri Srinivas Mohanty, learned counsel appearing for the petitioner, submitted that the departmental proceeding being Kandhamal District Proceeding No.11 of 2015 has been instituted against the petitioner with the following charge (Annexure-2):

"C/385 Banshi Dhara Barik of Kandhamal (Under Suspension) is charged with gross misconduct and criminal misconduct in that.

While he was posted at Daringbadi PS, commanded to D.P.O. Kandhamal for CCTNS training vide C.C. No.1940758 dated 24.05.2015. On 29.05.2015, S.I. B.P. Rout of Sadar P.S. Phulbani along with ASI/Jugal Kishor Digal, ASI/Anil Ku. Behera, Hav Kesaba Ch. Nayak and WC/378 P. Mallick conducted N.D.P.S. raid in Sadar P.S. area. At Dadaki Chhaka three suspects who were transporting Ganja illegally were seen the police party, running away towards Dadaki line leaving the Ganja loaded vehicle. At that time charged constable reached at that spot identify himself as Bansidhar Barik and he is working as constable in Daringbadi PS, S.I. B.P. Rout detected nearly about 30 Kg of ganja and seized the same with observing all the formalities of N.D.P.S. Act and reported to OIC, Sadar P.S. Phulbani for taking legal action. Basing the report, OIC Sadar PS Phulbani registered a N.D.P.S. Case vide Sadar P.S. Case No.68 dated 29.05.2015 under Section 20(b)(ii)(C)/29 NDPS Act and took up investigation.