TMI Blog1961 (8) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It appears that there was a preliminary investigation conducted by the Enforcement Department in this matter and at the end of the said enquiry proceedings were formally commenced against the respondent and they were referred to the Administrative Tribunal constituted under the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951. During this enquiry oral evidence was led against the respondent and documents were proceed in support of the case against him. The Tribunal found that the first two charges were proved against him but the third was not though even in respect of the third charge there was ground for serious suspicion against him. The Tribunal accordingly recommended that the respondent should be dismissed from service. The matter was then referred to the Public Service Commission which agreed with the recommendation of the Tribunal. Appellant 1 considered the whole question, a fresh notice was issued against the respondent calling upon him to show cause why he should not be dismissed and ultimately an order of dismissal was passed against him on September, 17, 1956. 2. The respondent then filed a writ petition in the Orissa High Court under Arts. 226 and 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as March 18, 1952. The second charge was in respect of purchase of an Austin Car 1951 Model at ₹ 10, 213-2-0 from Mr. Patnaik through Messers. Barjorji of Balasore for which the respondent received a discount of' ₹ 826. It was alleged that for purchasing this car the respondent had drawn a car advance of ₹ 3, 000 in October 1951. He sold his old car for ₹ 2, 400 but the payment received by him in that behalf by cheque was encashed on November 2, 1951 which was after a fortnight after the registration of the new Austin Car on October 19, 1951. The case against the respondent was that this money could not have been utilised for purchasing the new car and that Messers. Barjorji not only gave an unusually large amount of discount but also accommodated him in regard to a substantial part of the price itself. The third charge was in respect of the gold ornaments alleged to have been got prepared for the respondent by Mr. Patnaik. 5. In regard to the first charge of receiving illegal gratification either in cash or in king the Tribunal considered the oral evidence and two documents Exs. 6 and 7 which according to the Tribunal were the account books kept by M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by instalments, ₹ 100 on May 22, 1952 and ₹ 43 on May 27, 1952 by Mr. Patnaik These payments were proved by the cash memos issued by the vendor and they were supported by the corresponding entries made in Ex 7. The cash memos showed that the fan had been sold to the respondent because the respondent's name was shown as the purchaser. The Tribunal rejected the story set up by the respondent that he had taken the fan on approval through Sasmal, Sub-Inspector, and that he had returned it through Sasmal because he did not approve of it. The Tribunal considered the evidence of the vendor and held that the respondent was shown as the purchaser in the cash memos because he must have gone with Mr. Patnaik to purchase the fan. The alternative explanations suggested by the respondent for the mention of his name were scrutinised by the Tribunal and rejected as fantastic. Thus, all the items forming the first charge were held proved by the Tribunal. 7. Then in regard to the purchase of the car the Tribunal considered the fact that a large discount was given to the respondent. It also found the fact that the respondent purchased the car not through the dealer at Berhampur a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arise. This was in reply to the respondent's application for copies of the said statements. A similar reply was again given to him on January 4, 1955. The respondent was told that the Tribunal could not supply copies of documents which were not in its possession. It is, however, necessary to point out that on January 18, 1956 the respondent was told that though the Tribunal was unable to give him copies of documents not in the possession of the Tribunal he would be supplied with such copies if and when the original documents were exhibited before the Tribunal. Thus there can be no. doubt that what the Tribunal told the respondent was that it was not possible for the Tribunal to give him copies of documents unless the said documents were produced before it and he was in fact given an assurance that he would be given such copies as soon as the said documents were tendered before it. The High Court thought that the replies sent by the Secretary of the Tribunal to the respondent contained an assurance that the evidence recorded by the Enforcement in the course of the preliminary investigation would in no. case be used against him. Such a construction, in our opinion, is plainly in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eizure of the said books, the nature of the entries to be found in the two respective books and the nature of the evidence given by Sahni himself. Having regard to all these facts and circumstances the Tribunal came to the conclusion that Ex. 7 and Ex. 6 constituted co-related books of account and that Ex 6 copied from Ex. 7 entries in regard to legitimate dealings and did not deliberately copy other entries which had reference to illegitimate transactions. In this connection it would be relevant to recall that the search and seizure was effected because it was reported that Mr. Patnaik kept different books of account and that his kutcha books would show illegal gratifications given to the respondent. Therefore, if having regard to all the facts and circumstances the Tribunal came to the conclusion that it could rely on Ex 7 and in that connection incidentally referred to the statement made by Sahni in investigation after it was duly tendered, proved and exhibited in the case, we do not think that it was open to the High Court to hold that the impugned findings of the Tribunal were based on no. evidence. 13. In this connection we may incidentally refer to the feet that the findi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars to have been persuaded to appreciate the evidence for itself and that, in our opinion, is not reasonable or legitimate. 15. The High Court has also commented on the fact that the Tribunal should have examined Barjorji before relying upon statements made by him in his letter addressed to Mr. Patnaik. There is some force in this argument; but the finding of the Tribunal in regard to the purchase of the Austin car is based on several other considerations all of which have been duly proved. In fact about the main features of this transaction there was no. serious controversy between the parties. The parties were at issue on the question as to the effect of these broad features but that, clearly is a question of fact which fell within the jurisdiction of the Tribunal. We have carefully, considered the reasons given by the High Court in its judgment under appeal but we are unable to accept the contention pressed before us by Mr. Sinha, for the respondent, that the conclusion of the High Court is right when it says that the Tribunal's findings against the respondent were based on no. evidence. Whether or not the High Court or this court agrees with the conclusions of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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