Bijay Kumar Choudhury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20033 of 2022 Bijay Kumar Choudhury ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.08.2022

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

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

3. The Petitioner has filed the present writ Petition challenging the impugned 2nd show cause notice issued on 03.08.2022 under Annexure-17. It is submitted that challenging the earlier show cause issued on 09.07.2022, the Petitioner had approached this Court in W.P.(C) No.18557 of 2022. This court while disposing the matter on 28.07.2022 permitted the Petitioner to submit his reply within a period of two (2) weeks from the date of receipt of this order and with a further direction on O.P. No. 2 to take a decision on the same in accordance with law within a further period of two (2) months.

4. It is submitted that pursuant to the said order of this Court the Petitioner submitted his reply before O.P. No. 3 on 04.08.2022 under Annexure-16. But it is submitted that prior to submission of such reply the impugned 2nd show cause was issued on 03.08.2022.

// 2 // Since this Court finds that pursuant to the earlier order the Petitioner has submitted his reply within the time stipulated by this Court, this Court directs O.P. No. 3 to take a decision on the same taking into account the reply submitted under Annxure-16.

5. Till a decision is taken, no further action be taken against the Petitioner pursuant to the impugned show cause notice issued on 03.08.2022. It is observed that this Court has expressed no opinion on the merits of the case and the O.P. No. 3 is at liberty to take his own view.

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