Jitendra Kumar Padhy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11262 of 2022 Sri Jitendra Kumar Padhy ....

Petitioner Mr. Surya Narayan Patnaik, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.05.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The present writ petition has been filed with the following relief:

"It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, upon showing insufficient cause/no cause make the said Rule absolute, issue writ/writs in the nature of - (i) Mandamus directing the Opp. Party No.2 to accept the withdrawal of the resignation submitted by the petitioner in view of the fact that the petitioner has not yet been relieved from his office and be pleased to direct the Opp. Party No.4 and Opposite Party

// 2 // No.5 i.e. BDO, Mohana to release his unpaid salary of the petitioner (ii) And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice.

And for this act of kindness, the petitioner as in duty bound shall ever pray."

4.

It is submitted by learned counsel for the Petitioner that highlighting his grievance, Petitioner has filed a representation before the Engineer-in-Charge, Rural, Water Supply & Sanitation, Bhubaneswar, Opposite Party No.3, on which, no decision has been taken as on date. Accordingly, a prayer has been made to direct the Opposite Party No.3 to dispose of the said representation expeditiously.

5.

Learned counsel for the State on the other hand submits that Petitioner may approach the authority by filing a fresh representation. If such a representation is filed, the Authority may be directed to consider and dispose of the same within a stipulated period of time.

6.

Considering the submissions made, this Court directs the Petitioner to file a fresh representation highlighting his grievance along with the supporting documents he is relying on before the Opposite Party Nos.2 and 3 within a period of two weeks from today. In such event, the Authorities shall do well to consider the said representation within a period of two months from the date of production of certified copy of this order, taking into consideration Annexure-13 and pass a speaking and reasoned order. The decision

// 3 // so taken shall be communicated to the Petitioner within a period of two weeks thereafter.

7.

With the above direction, the Writ Petition stands disposed of.

8.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo