Shyam Sundar Ho v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.22493 of 2017 Shyam Sundar Ho .....

Petitioner Mr.L.K.Mohanty, Adv.

Vs.

Union of India and others .....

Opposite Parties Mr.P.K.Parhi, ASGI

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

20.04.2022 Order No.

3.

This matter is taken up through hybrid mode.

2. Against non-grant of interim order dated 25.09.2017 by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/545/2017, the petitioner has approached this Court in the present writ petition.

3.

Mr. L.K.Mohanty, learned counsel for the petitioner contended that against non-grant of interim order by the tribunal, this Court entertained the writ petition and vide order dated 06.11.2017 in Misc. Case No.19293 of 2017, stayed operation of the order passed by the Senior Superintendent of Post Offices, Bhubaneswar, Division till next date. Therefore, this matter may be disposed of directing the Central Administrative Tribunal, Cuttack Bench, Cuttack to dispose of the Original Application and till disposal of the Original Application, the interim order passed by this Court may continue.

4.

Mr. P.K.Parhi, learned ASGI contended that since the main O.A. is pending, let that be considered on its own merit and till disposal of such O.A., the interim order passed by this Court may be allowed to continue by the tribunal.

5.

Having heard learned counsel for the parties and after going

through the records, it appears that against non-grant of interim order dated 25.09.2017 in O.A. No. 260/545/2017, the petitioner has approached this Court in the present writ petition, but while entertaining the writ petition, this Court passed an interim order on 06.11.2017 in Misc. Case No.19293 of 2017 to the following effect:- "However, there shall be stay operation of Order No.D/EVC-Misc/2011 dated 30.01.2017 and Order No.D-Misc./CAT/2017 dated 26.09.2017 passed by the Sr. Supdt. Of Post Offices, Bhubaneswar Division, Bhubaneswar-9, till the next date."

6.

Since the petitioner has already been protected by virtue of the interim order passed by this Court and the main O.A. is still pending for consideration, this Court is not inclined to keep the matter pending, rather requests the tribunal to dispose of the Original Application as early as possible. Till disposal of the Original Application, the interim order passed by this Court on 06.11.2017 shall continue.

7.

With the aforesaid observation, the writ petition is disposed of.

8.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE Arun/Bichi