Sarat Chandra Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9009 of 2022 Sarat Chandra Barik ....

Petitioner Mr.R.N.Parija, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.04.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3.

The Petitioner has filed the present writ application with the following prayer:

"The Petitioner, therefore, prays that Your Lordship would be graciously pleased to admit the case call for the records and after hearing the parties allow the same, issue writ/writs in nature of mandamus/certiorari and/or any other/further writdirection directing the Opposite Parties to act in terms of the enquiry report under Annexure-1 immediately taking into consideration the fact that the Petitioner is to reach at the age of superannuation on 31.07.2022 and release his consequential benefits accordingly.

And/or any other/further direction/directions as deemed fit and proper to the facts and circumstances of the case." 4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner has submitted a detailed representation before the Assistant Registrar, Co-operative Society, Cuttack, Opposite Party No.3 on 03.02.2021 under Annexure-4. It is

// 2 // also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner within a stipulated period of time.

5.

Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representation of the Petitioner in accordance with law within a period of four weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-4 taking into consideration the Inquiry Report under Annexure-1 by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner, shall be communicated to the Petitioner within a period of two weeks thereafter.

7.

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

8.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge