Bishikeshan Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9044 OF 2022 Bishikeshan Nag ....

Petitioner Mr. Goutam Kumar Routray, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. Biswajit Mohanty, SC (for S & ME Deptt.) Ms. Suman Pattanayak, AGA

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

10.05.2022 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner has filed this writ petition seeking a direction from this Court to the opposite parties more particularly the opposite party No.3-Collector-cum- Chairman, Sarva Shikshya Abhiyan, Nabarangpur to reinstate his service as Office Assistant, SSA, Nabarangpur after acquittal of the vigilance case vide judgment dated 23.04.2016 passed by the learned Special Judge (Vigilance), Jeypore in G.R. Case No.43 of 2010 (V)/ T.R. No.17 of 2011.

4. Learned counsel for the petitioner submits that the petitioner was disengaged from his service with effect from 28.09.2010 due to his involvement in Vigilance P.S. Case No.43 dated 24.09.2010. Later, the petitioner was acquitted of the charges vide judgment dated 23.04.2016 passed by the learned Special Judge (Vigilance), Jeypore in G.R. Case No.43 of 2010 (V)/ T.R. No.17 of 2011. He further submits that though the petitioner has been acquitted of the charges vide the aforesaid judgment and the court

// 2 // has declared him not guilty of the charges leveled against him and he has also approached the authority i.e. the opposite party No.3Collector-cum- Chairman, Sarva Shikshya Abhiyan, Nabarangpur for his reinstatement, such authority has not decided his case. Hence, the petitioner is constrained to approach this Court.

5. Since the petitioner has already submitted a representation to the opposite party No.3-Collector-cum- Chairman, Sarva Shikshya Abhihyan, Nabarangpur for his reinstatement in service, let the opposite party No.3-Collector-cum- Chairman, Sarva Shikshya Abhiyan, Nabarangpur decide the representation of the petitioner by passing a reasoned order within a period of one month from the date of presentation of a certified copy of this order along with a copy of the writ petition.

6. Accordingly, this writ petition is disposed of.

7. Urgent certified copy of this order be granted on proper application.

( S.K. Panigrahi) Judge BJ