CW-1974-0004Malkangiri, OdishaJudgment 20 August 1974

Malkangiri Police Constable v. State of Orissa & Ors.

Police constable of Malkangiri P.S. faced an FIR under sections 342/392 IPC in March 1967, was suspended, convicted and fined (conviction upheld on 3 April 1969 with reduced fine), and was dismissed from service in September 1969 after a parallel disciplinary proceeding. He challenged the dismissal alleging delayed subsistence allowance denied him reasonable opportunity and that retrospective dismissal was bad. On 20 August 1974 the Division Bench rejected the challenge to the dismissal itself, holding he had received subsistence amounts and never pleaded inability to attend the enquiry. The court allowed the writ only to the extent of full salary from 3 April 1969 till communication of dismissal, holding dismissal effective 19 September 1969; the dismissal stood. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 20 August 1974 in O.J.C. No. 240 of 1973, the Orissa High Court (Coram: G. K. Misra, B. K. Ray, JJ.) upheld the disciplinary action taken against the Constable, Malkangiri Police Station.

Register number
OD 30 CW 0001
Case reference
O.J.C. No. 240 of 1973 / (1974) 40 CLT 1294
Court and date
Orissa High Court (Coram: G. K. Misra, B. K. Ray, JJ.), 20 August 1974
Officer(s) at the material time
Constable, Malkangiri Police Station
Present service status
Recorded in the cited sources as dismissed from service.
Provisions invoked
Section 342 of the Indian Penal Code, 1860; Section 392 of the Indian Penal Code, 1860; Rule 90, 93, 94 of the Orissa Service Code
Finding of the Court (extract)
“On the aforesaid analysis the writ application succeeds in part and a writ of mandamus be issued directing payment, of salary as Indicated above.” (at para 5)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Orissa High Court judgment dated 20 August 1974 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“On the aforesaid analysis the writ application succeeds in part and a writ of mandamus be issued directing payment, of salary as Indicated above.” (para 5)

Institutional response

1
20 Aug 1974

Order issued

Concluded
Orissa High Court External · Binding

The Orissa High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: (1974) 40 CLT 1294
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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