Vice-Chairman,B.D.A. v. Md.Qaisar Iqbal Ali

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.130 of 2016 Vice Chairman, Bhubaneswar Development Authority and another .... Appellants M/s. Sisisr Das, Advocate and associates -versusMd. Qaisar Iqbal Ali and others ....

Respondents Mr. M.K. Khuntia, A.G.A. for the State

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

10.10.2022 Order No.

02.

Misc. Case No.206 of 2016

1. For the reasons stated, the delay in filing the present writ appeal is condoned.

2. The Misc. Case is allowed.

W.A. No.130 of 2016

3. The impugned judgment of the learned Single Judge has quashed the notice issued by the present Appellants to Respondent No.1seeking to initiate disciplinary proceedings whereas the admitted position is that Respondent No.1 was no longer working with the Appellants even at the time of the impugned judgment of the learned Single Judge. He had admittedly joined the Sambalpur Development Authority (SDA). For the last seven years, there has been no interim order in the present writ appeal and Respondent No.1 admittedly is continuing to work with the SDA.

4. The Court therefore sees no purpose being served in entertaining the present appeal at this stage. Leaving the question of law arising from the impugned judgment of the learned Single Judge open for decision in some other appropriate case, the present appeal is disposed of.

5. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S.K. Guin