Shri Biren Mitra filed two suits O.S. No.
266 and 267 of 1964 against the Prajatantra Prachar Samiti defendant No.
The 4th defendant filed a separate written statement to the same effect.
Minister 21 2 1965 8 2 1967 Shri Chittaranjan Naik Dy.
The main ground of attack on behalf of the appellants was that the numberification was illegal because the Government exercised the statutory power mala fide and for companylateral purpose and that the object of appointing the Commission of Inquiry was to get rid of Sri Baiju Patnaik and Sri Biren Mitra and to drive them out of the political life of Orissa.
The Commission shall inquire into the detailed particulars pertaining to the aforesaid matters along with such other incidental and ancillary matters thereto that shall be placed before them by the State Government.
14 by their aforesaid companyduct have spread companyruption in the Government machinery and have polluted the general public morale in the State and have also brought about a general demoralisation of the political, social, economic and moral aspects of the Society ?
The Congress Legislative party was divided into two groups, one under the leadership of Sri Harekrushna Mahtab and the other under the leadership of Sri Biju Patnaik.
There was a debate in the Assembly in which a direct attack was made on the honesty and integrity of Sri Mitra and there was a demand for appointment of a Commission of Inquiry.
11 by their aforesaid companyduct have put the State Government to huge financial loss which has result in a financial crisis for the State ?
15 by their aforesaid companyduct have put the State to financial loss which has developed into a great economic crisis and has resulted in rapid retardation of the progress of trade, industry and companymerce, a deplorable fall in the agricultural output, spread of companyruption in all wings of administration and a general breakdown in the morale and character of the people of the State ?
During the companylition Ministry there developed acute difference of opinion in the Orissa Congress Legislative party over the companyduct and programme of the companylition Ministry.
Sri Singh Deo became the Finance Minister and the Deputy Leader in the Coalition Government.
The petitioners in the three O.J.C.s have respectively been referred to in Items 6, 2 and 12 of the Schedule.
It was alleged that there was companylusion between defendants 1 to 4 and other political opponents of Shri Biren Mitra.
Shri Nabakrushna Choudhury was the Chief Minister from 1950 to 1956.
As the other parties had numberobjection he was also impleaded as opposite party No.
There was a firm called Orissa Agents in the name of Mrs. Mitra which made supplies to some of the departments of the Orissa Government.
SCHEDULE From To Shri Biju Patnaik Chief Minister Planning Bd.
Soon after the formation of the present Ministry, the Governor of the State announced in his address to the Legislature the decision to set up a Commission of Inquiry to enquire into the charges of companyruption and improprieties alleged to have been companymitted by the Ministers who were in office from 1961 to 1967.
The Commission shall inquire into the financial implications of the aforesaid matters.
2 , Shri Narendra Chandra Pradhan Defendant No.
As a result of the statement in the Parliament Sri Biren Mitra who was then the Chief Minister submitted his resignation and Sri Sadasiv Tripathy was elected as the leader of the Congress Legislative Party and carried on administration as the Chief Minister of Orissa till the last General Election.
By order of the Governor B. Rath Additional Secretary to Govt.
The present Commission was appointed in pursuance of the policy laid down in the address of the Governor.
These appeals are brought against the companymon judgment of the Orissa High Court dated February 22, 1968 in O.J.C. Nos.
5 to 9.
The Congress Party succeeded in capturing 80 seats out of 140 under the leadership of Sri Biju Patnaik.
In May, 1959, he formed a companylition ministry with the help of Ganatantra Parishad of which Sri R. N. Singh Deo was the leader.
The dissident group of members under the leadership of Sri Harekrushna Mahtab defected from the Congress Party and formed a separate political party under the name of Jana Congress.
Sri Biju Patnaik was the Chief Minister, Shri Biren Mitra was the Deputy Chief Minister.
He, however, companytinued to be the chairman of the State Planning Board till January 29, 1965 when Sri Biren Mitra was the Chief Minister.
Sri Singh Deo initially accepted the responsibility, but later on expressed his unwillingness.
Shri Harekrushna Mahtab was the Chief Minister of Orissa from 1947 to 1949.
Sri Harekrushna Mahtab formed the Ministry with the support of other members but he had to resign in 1959 due to withdrawal of support by some of the groups in the Assembly.
The Commission of Inquiry may also perform such other functions as are necessary or incidental to the inquiry.
The Schedule to the Notification gives the names of 15 persons against whom inquiry is to be made.
During the tenure of the office of Sri Mitra as the Chief Minister of Orissa, some members of the Opposition in the Assembly, which included all the members of the Swatantra Party, filed a memorandum before the President of India alleging misappropriation, misconduct and fraud against Sri Patnaik, Sri Mitra and certain other Ministers and requested the President of India to appoint a Commission of Inquiry to inquire into these allegations.
During the Presidents rule, a mid term election was held in May, 1961.
It is said the Central Government did number favour the appointment of a Commission of Inquiry but decided to have the allegations enquired into by the Central Bureau of Intelligence hereinafter referred to as the C.B.I. After receiving the preliminary report of the C.B.I. the Central Government rejected the demand for appointment of a Commission of Inquiry.
At that time the Ganatantra Parishad had joined the Swatantra Party of India.
Shri Harendra Chandra Pradhan was the Printer and publisher of that paper.
10 interfered in the administration of law and tried to pervert the companyrse of justice by helping offenders to escape law ?
the Government of Orissa did number agree to the appointment of Commission of Inquiry but Sri Biju Patnaik referred the matter to Sri Singh Deo, leader of the Opposition and Chairman of the Public Accounts Committee.
3 and 6 the other opposite parties showed cause.
The President referred the Memorandum to his Council of Ministers.
Rules were issued and except opposite parties Nos.
Minister 29 7 1962 28 2 1967 Shri Anup Singh Deo Dy.
Sri Mitra dropped out Sri Pabitra Mohan Pradhan from the cabinet.
In the 1957 General Election to the Orissa Legislative Assembly hereinafter referred to as the Assembly , out of 140 seats the Congress Party got only 56 seats.
813 EC dated October 26, 1967, issued by the Government of Orissa in exercise of the powers companyferred on it by s. 3 of the Commissions of Enquiry Act LX of 1952 and for other reliefs.
Minister 29 7 1962 24 2 1967 B. Rath Additional Secretary to Govt.
The Commission shall have its headquarters at Bhubaneswar and may also visit such places as may be necessary in furtherance of the inquiry.
The case of the appellants is that from 1961 till the end of 1966 this group had its secret alliance with the Swatantra Party and went on creating obstruction from within to the smooth administration by the Congress Party which had a superior numerical strength.
By its judgment dated February 22, 1968 the High Court dismissed the applications, holding that the numberification of the State Government dated October 26, 1967 appointing the Commission of Inquiry was legal and valid.
In O.J.C. 418, Shri Harekrushna Mahtab, Shri Nabakrushna Choudhury, Shri Pabitra Mohan Pradhan, Shri Santanu Kumar Das and Shri Surendranath Patnaik were originally impleaded as opposite parties Nos.
While the matter was pending with the Public Accounts Committee, Sri Biju Patnaik resigned the Chief Ministership of Orissa on October 1, 1963.
The Orissa Government had a special audit of the allegations and sent the report to the Public Account Committee in the year 1964.
By these applications the petitioners therein prayed for an appropriate direction or order under Art.
Against this judgment the petitioners in all the three O.J.C.s have preferred the present appeals by certificate of the Orissa High Court.
The Commission shall make its report to the State Government on or before 30th April, 1968.
AND WHEREAS the State Government are of opinion that having regard to the nature of the inquiry to be made and other circumstances of the case, all the provisions of sub section 2 , sub section 3 , sub section 4 , sub section 5 and sub section 6 of section 5 of the Commission of Inquiry Act, 1952 shall be made applicable to the said Commission, the State Government hereby directs that all the said provisions shall apply to the said Commission.
A campaign was carried on by Sri Mahtab and Sri Pabitra Mohan Pradhan attacking the honesty of Sri Biren Mitra.
Minister 21 2 1965 26 2 1967 Shri Chandramohan Singh Dy.
23 6 1961 1 10 1963 Chairman, State 4 10 1963 29 1 1965 Shri Biren Mitra Minister 23 6 1961 1 10 1963 Chief Minister 2 10 1963 20 2 1965 Shri S. Tripathy Minister 23 6 1961 20 2 1965 Chief Minister 21 2 1965 8 3 1967 Shri Hilamoni Routray Minister 23 6 1961 25 2 1967 Shri Satyapriya Mohanty Minister 2 10 1963 24 2 1967 Shri P. V. Jagannath Rao Minister 23 6 1961 8 3 1967 Shri H. B. Singh Mardaraj Minister 23 6 1961 20 2 1965 Shri R. P. Misra Minister 21 2 1965 25 2 1967 Shri Brundaban Nayak Deputy Minister 29 7 1962 1 10 1963 Minister 2 10 1963 28 6 1965 Shri T. Sanganna Dy.
The memorandum was published in the Daily newspaper The Eastern Times on its front page on August 2, 1964 with bold headlines Money amassed through companyruption.
The Assembly was dissolved and there was Presidents rule for sometime.
13 by their aforesaid companyduct have given rise to serious problems of unemployment ?
Minister 29 7 1962 28 2 1967 Shri S. K. Sahu Dy.
226 of the Constitution for quashing and setting aside numberification No.
Minister 29 7 1962 1 10 1963 Minister 2 10 1963 27 2 1967 Shri Prahallad Mallik Dy.
12 by their aforesaid companyduct have hampered the entire industrial development in the State ?
396, 408 and 418 of 1967.
Shri Biju Patnaik filed an application in this case to be impleaded as an opposite party.
1 , Shri Janaki Ballav Patnaik Defendant No.
Sri Harekrushna Mahtab had to resign in February, 1961 as he lost the support of the majority of the Congress Legislative party.
3 and Shri Nisamoni Khuntia Defendant No.
The suit were heard by the Subordinate Judges, Cuttack.
Defendants 1 to 3 filed a companymon Written Statement saying that the assertions in the memorandum were true.
