Bishnu Charan Mohanty v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.11948 of 2022 Bishnu Charan Mohanty ....

Petitioner Mr. S.K. Nayak, Advocate -versusUnion of India and others ....

Opposite Parties Mr. P.K. Parhi, DSGI along with Mr. D. Gochhayat, CGC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.12.2022 02.

1.

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

2.

Heard Mr. S.K. Nayak, learned counsel appearing for the Petitioner as well as Mr. P.K. Parhi, learned DSGI along with Mr. D. Gochhayat, learned CGC appearing for the Union of India-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:

"Under the above circumstances the petitioner therefore prayed that your honor may graciously be pleased to issue RULE NISI calling upon the opp. parties to file their show cause as to why the representation dt. 14.10.2021 under Annexure-2 pending before the opp. party No.5 shall not be considered within a stipulated period and if the opp. parties fail to file their show cause or show insufficient cause the said Rule made absolute. And may direction given to the opp. parties especially opp. Party No.5 to disposed of representation dt. 14.10.2021 as possible as early. And further direction may be given to the

// 2 // opp. parties to give compassion to the petitioner for harassment and mentally agony for delay and negligence of the authority"

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 14.10.2021 before the Opposite Party No.5 under Annexure-2, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Mr. P.K. Parhi, learned DSGI submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.5 to consider the representation of the Petitioner dated 14.10.2021 under Annexure-2 in accordance with law within a period of six weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

7.

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

( A.K. Mohapatra ) Judge Debasis