Laxmidhar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP (C) No.4039 of 2022 Laxmidhar Pradhan ....

Petitioner Mr.Sudarsan Behera, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.S.Jena, Standing Counsel, S & ME.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.02.2022 2.

1.

This matter is taken up through Hybrid arrangement (virtual/physical mode).

2.

The present writ application has been filed seeking interim protection from this Court in the matter of transfer. 3.

It is submitted by the learned Standing Counsel for School & Mass Education Department that the Petitioner had earlier approached this Court in W.P.(C) No.1179 of 2022 which was disposed of on 25.01.2022 directing the Petitioner to file an appeal. Under Government Notification dated 04.10.2018 an appeal lies to the Director. Accordingly, the Petitioner has filed an appeal before the Director.

4.

The present writ application has been filed apprehending coercive action against the present Petitioner. The appellate authority has power to consider any interim application to be filed by the appellant in appropriate cases, the appellate authority can also protect the appellant.

// 2 // 5.

In such view of the matter, liberty is give to the Petitioner to approach the appellate authority within one week. In the event an interim application is filed, the same shall be considered within a period of one week from the date of filing of such application. 6.

It is further directed that till a decision is taken on the interim application of the Petitioner, no coercive action shall be taken against the petitioner, if he has not been relieved in the meantime. 7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra) Judge