Rama Chandra Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 696 of 2021 Rama Chandra Parida ....

Appellant Mr. N. Biswal, Advocate -versusState of Odisha & others ....

Respondents Mr. M.K. Khuntia, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO ORDER (Oral) 13.12.2022 Hybrid Mode 06.

1. The present intra court appeal is directed against the Order No.

judgment dated 05.08.2021 passed in WPC (OAC) No.1239 of 2014, whereby the Forest and Environment Department, Government of Odisha was directed to resume the enquiry from the stage of supply of the enquiry report before culminating into the final imposition of penalty. During the course of hearing of the present appeal before this Court, a grievance was raised that the documents along with the articles of charge were not supplied.

2. Mr. Khuntia, learned Addl. Govt. Advocate for the respondents states that no documents was ever relied on by the Department of Forest and Environment in the enquiry proceedings. Secondly, he states that the appellant in spite of a direction of the learned Single Judge to complete the enquiry within three months has deliberately stayed away from the proceeding for last one year in spite of supply of enquiry reports and repeated reminders for joining the enquiry proceedings. He submits that the charges against

// 2 // the petitioner were of being hand in glove with the timber mafia engaged in the illegal felling of timber trees etc.

3. We find that the conduct of the appellant to be not upto the mark in not joining the enquiry proceeding where he is facing serious charges reflecting on his integrity. Faced with the situation, we proceed to direct the appellant to file his affidavit reflecting the assets (movable and immovable properties) owned by him and his wife and children from the stage of his joining in service till his date of superannuation.

At this stage, counsel for the appellant prays for permission to withdraw the writ appeal, in view of the appellant being 72 years of age.

Prayer is accepted.

Accordingly, the writ appeal is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Sahoo) Judge 13th December, 2022 Cuttack RRJena/dutta