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Orissa High CourtWP(C)/17578/2021disposed off

Jyotiranjan Mansingh v. State Of Odisha

2022-12-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17578 of 2021 Jyotiranjan Mansingh ....

Petitioner Mr. S.B. Jena, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 W.P.(C) No.17578 of 2021 & I.A. No.16490 of 2022 04.

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. Perused the record as well as documents annexed to the writ petition.

3.

The present writ petition has been filed by the petitioner with a prayer for a direction to the Opposite Party No.4 to finalize the department proceeding bearing No.69 dated 16.04.2016 within a stipulated period of time and further prays for a direction to the disciplinary authority to conclude the disciplinary proceeding, which is pending against the petitioner for a period of six years. 4.

On perusal of the writ petition, it appears that the petitioner has approached this Court by filing the present writ petition challenging the show-cause notice and the show-cause notice vide Order No.119 dated 25.05.2021, under Annexure-5 on the grounds that the named disciplinary authority is not competent to conduct the disciplinary proceeding by issuing the show-cause notice.

// 2 // 5.

At this juncture, it is submitted by learned counsel for the petitioner that a direction may be given to the disciplinary authority to dispose of the disciplinary proceeding under Annexure-1 within a stipulated period of time, which is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the Opposite Parties to conclude the disciplinary proceeding, which is pending against the petitioner in accordance with law within a stipulated period of time. 6.

Considering the submissions made, the limited nature of grievance of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to Opposite Parties to make endeavour to conclude the disciplinary proceeding in accordance with law within a period of two months from the date of production of certified copy of this order strictly in accordance with law and the relevant rules and providing an opportunity of hearing to the petitioner the final decision be communication to the petitioner. 7.

With the aforesaid observation/direction, both the writ petition and the I.A. stand disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu