Netra Nanda Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.1968 of 2018 Netrananda Mishra ....

Petitioner -versusState of Odisha ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

20.09.2022

1. 1. This matter is taken up through Hybrid Mode. Order No 2.

Heard Mr. D. Mishra, learned counsel for the petitioner and Mr. Y.S.P. Babu, learned A.G.A.

3.

It is submitted that against the order of punishment imposed against the petitioner on 7.12.2012 under Annexure-1, the petitioner preferred an appeal on 26.2.2013 before the appellate authority-Opp. Party No.1. It is submitted that in spite of preferring an appeal, when the order of punishment was acted upon, the petitioner approached this Court in the aforesaid Writ Petition. Vide order dated 26.7.2018, learned Standing Counsel though was directed to obtain instruction with regard to status of the said appeal, but no information is there with the learned A.S.C. when the matter was taken up today. In view of the admitted position reflected in the communication dated 9.5.2018 under Annexure-13 that the petitioner against the order of punishment has been preferred an appeal on 26.2.2013 and the same has been forwarded to the Government on 10.4.2013, this Court while disposing the Writ petition directs Opp. party No.1 to

// 2 // take up the said appeal and pass appropriate order in accordance with law within a period of two months from the date of receipt of this order. The order so passed be also communicated to the petitioner within that time.

4.

It is however observed that the petitioner is at liberty to take any further ground in support of his appeal and any such application be filed by the petitioner before opp. party No.1 within a period of 15 days from today along with a copy of this order. 5.

The Writ Petition is disposed of with the aforesaid observation and direction.

(Biraja Prasanna Satapathy) Judge sangita