Ajit Kumar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAB) No.8 of 2018 Ajit Kumar Mishra ....

Petitioner Mr. K.C. Sahoo along with Mr. D.K. Mahalik, Advocate -versusState of Odisha & others ....

Opp.parties Mr. R.N. Acharya,Standing Counsel for the School and Mass Education Department

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

13.10.2022

1. 1. This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 22.11.2021 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Berhampur Bench,Berhampur upon abolition.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that the O.A. was admitted by order dated 02.07.2018, notices were issued directing to file counter within four weeks and rejoinder was to be filed within two weeks thereafter.

4. The matter was not taken up/pursued after 05.08.2019.

5. The petitioner in the Original Application had challenged the order of suspension dated 29.06.2018 issued by the opposite party no.4-Block Education Officer.

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6. Learned counsel for the petitioner submits that he has no up-to-date instruction to pursue the matter at present on behalf of the petitioner.

7. Learned Standing Counsel for the School and Mass Education Department refers to the counter filed by opposite party no.4-Block Education Officer, submits that considering the nature of grievance, i.e., challenge to the order of suspension, nothing would survive for adjudication at present.

8. Having heard the learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction from the petitioner granting liberty to revive the same within sixty days for any surviving cause of action.

( M.S.Sahoo) Judge Gs