Manoranjan Mallick v. Chairman Cum Md, Ld. Appellate Authority, Sail

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14072 of 2022 Sri Manoranjan Mallick ....

Petitioner Ms. Nishat Afreen, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.06.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned counsel for the State.

3.

The writ petition has been filed with the following prayer: "The petitioner, therefore, prays that, this Hon'ble Court be graciously pleased to issue a Rule Nisi calling upon the opp. Parties to show cause as to why a writ of mandamus or another appropriate writ shall not be issued; i) Directing the opp. Party No.3 to disposed of the Appeal filed by the petitioner under Annexure-3 within a stipulated period.

ii) If the opposite parties fail to show cause or show insufficient cause to make the said rule absolute; and iii) To pass such other order/orders and to issue such other writ/writs as would afford complete relief to the Petitioner;

// 2 // And for this act of kindness, the petitioner shall as in duty bound ever pray." 4.

Learned counsel for the Petitioner submits that ventilating his grievance, Petitioner has filed an appeal before the Hon'ble Chairman, learned Appellate Authority, Steel Authority of India Ltd., New Delhi vide Appeal No. of 2021 filed under Rule 33.0 of the Conduct, Discipline and Appeal Rules, 1977 under Annexure-3. It is submitted that the said appeal is pending before the Appellate Authority till date and no decision has been taken on the same. 5.

Learned counsel for the State on the other hand submits that he has no objection if a direction is given to the Appellate Authority to consider and dispose of the said appeal of the Petitioner under Annexure-3 within specific period of time.

6.

Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Appellate Authority to consider the appeal of the Petitioner dated 19.07.2021 under Annexure-3 strictly in accordance with law within a period of four months from the date of receipt of certified copy of this order. The Appellate Authority shall dispose of the same by passing a speaking and reasoned order. Decision so taken 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 of this order on proper application.

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