Mahadeo Badaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17598 of 2022 Mahadeo Badaik ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.07.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. Mishra, learned counsel for the Petitioner and Mr. Choudhury, learned AGA appearing for the Opp. Parties.

3. The Petitioner is aggrieved by the non-finalization of the Departmental Proceeding initiated against him on 05.01.2016. It is submitted that the Petitioner after receipt of the charges submitted his written statement of defence on 18.02.2016. It is further submitted that subsequently vide order dtd.22.08.2016 the enquiry officer was appointed, but the said enquiry officer never proceeded with the enquiry and in the meantime vide order dtd.16.03.2021 another enquiry officer has been appointed by O.P. No. 1.

4. Learned counsel for the Petitioner submitted that in spite of the appointment of new enquiry officer vide order dtd.6.03.2021, no enquiry has been conducted till date. It is also submitted that because of the pendency of the proceeding the Petitioner is deprived from getting promotion and all his juniors have

// 2 // superseded him in the meantime. As the proceeding is initiated in the year 2016 and the Petitioner has submitted the written statement of defence on receipt of the charges, this Court directs O.P. No. 1 to conclude the proceeding within a period of six (6) months from the date of receipt of this order. The Petitioner is also directed to cooperate with the same. It is observed that this Court has not expressed any opinion on the merits of the claims of the Petitioner.

5. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha