Prakash Chandra Panda v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20273 of 2022 Prakash Chandra Panda ....

Petitioner -versusUnion of India & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

24.08.2022

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

2. Heard Mr. S.K. Singh, learned counsel for the Petitioner and Mr. Padhi, learned ASGI appearing for the Union of India.

3. It is submitted that seeking modification of the order of transfer passed on 25.06.2022 under Annexure-3 the Petitioner moved a representation before O.P. No. 2 under Annexure-4 with an undertaking that he will join the place of transfer if he will be allowed three (3) months time for treatment of his wife.

4. It is submitted that without considering such genuine request O.P. No. 2 rejected the said prayer vide communication dtd.02.08.2022 under Annexure-5. This Court after hearing learned counsel for the Petitioner, finds that the grievance raised by learned counsel for the Petitioner under Annexure-4 has not been considered by O.P. No. 2 in its proper perspective. Since the Petitioner is ready to join in her place of transfer within a period of three (3) months, the rejection of his claim as per the considered

// 2 // view of this Court is not just and proper. Therefore, while interfering with the same, this Court permits the Petitioner to remain in his present place of posting till 30.11.2022.

5. It is observed that the Petitioner shall join in his place of transfer in terms of order at Annexure-3 just after 30.11.2022. If the Petitioner fails to join in his place of transfer as undertaken, appropriate action will be taken against him for non-compliance of the direction of this Court.

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