Naba Krishna Mahapatra v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6880 of 2022 Naba Krishna Mahapatra ....

Petitioner Mr. Dillip Kumar Mohapatra, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. Sonak Mishra, SC (for S & ME Deptt.)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

11.07.2022 5.

1. This matter is taken up through hybrid arrangement.

2. Learned counsel for the parties are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsel for the parties and the order is passed accordingly as follows:-

3. Hence, it may be concluded that the bar under 1977 rules for inter district transfer shall not be applicable on a person with disability. Moreover, in view of provision of Right of Persons with Disability Act, 2016, read with the Govt. Notification (supra) permits inter district transfer of a person with disability. Therefore, the rejection order vide office order dated 14.02.2022 passed by the Director is hereby quashed. The Director is hereby directed to

// 2 // complete the transfer process within a period of THREE months.

4. The Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge BJ