Biswajyoti Bardhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15124 of 2022 Biswajyoti Bardhan ....
Petitioner Mr. B.S. Tripathy-1, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
21.06.2022 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. Perused the record.
3.
The present writ petition has been filed by the petitioner with the following prayers:
"It is therefore, humbly prayed that this Hon'ble Court be pleased to;
i) quash the impugned order No.9560dt.14.09.2021 under Annexure-6 and order No.7243 dt.13.06.2022 of the opp.party no.2 under Annexure-11 with a direction to the opp.party No.1 to consider the representation of the petitioner dt.28.05.2022 under Annexure-9 series and to allow him transfer and posting to Madhusudan ITI, Choudwar;
ii) pass such other order(s) as deemed fit and proper in the bonafide interest of justice;"
4.
It is submitted by learned counsel for the petitioner that earlier the petitioner had approached the Government by filing representation
// 2 // on 28.05.2022 against the proposed transfer, however, no action has been taken by filing the writ petition under Annexure-7 bearing W.P.(C) No.13374 of 2022 disposed of on 27.05.2022 directing the opposite party no.2 to consider the case of the petitioner before taking decision on the transfer of the petitioner. However, it appears that the direction of this Court has been carried out and the representation has not been considered by the authorities ignoring the direction of this Court have issued on 13.06.2022 whereby transferring the petitioner from I.T.I., Jajpur to I.T.I. Barakote and deployed to ITI, Talcher. 5.
Further, it is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 28.05.2022 under Annexure-9 series before the Principal Secretary to Government, Skill Development and Technical Education, Bhubaneswar-Opposite Party No.1, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now. 6.
Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.
7.
Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Principal Secretary to Government, Skill Development and Technical Education, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated 28.05.2022 under Annexure-9 series taking into account the Annexures-7 and 8 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
// 3 // 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. 8.
With the aforesaid observation/direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu