Durjyodhan Bhoi v. Special Secy., G.A And P.G. (S.E), Dept. Govt. Of Odisha, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26454 of 2022 Durjyodhan Bhoi ....

Petitioner -versusSpecial Secretary, G.A. and P.G. (S.E.) Department, Government of Odisha, Bhubaneswar and others ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

17.10.2022 01.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. P.K. Jena, learned counsel appearing for the Petitioner and Mr. A.P. Das, learned Additional Standing Counsel appearing for the State-Opposite Parties. 3.

This writ petition has been filed by the Petitioner with a prayer to quash the letter dated 22.09.2020 issued by the Opposite Party No.1-Special Secretary to Government, G.A. & P.G. (SE) Department, Government of Odisha, Bhubaneswar to him under Annexure-1 to the writ petition and letter dated 03.02.2021 issued by the Opposite Party No.2-Under Secretary to Government, G.A. & P.G. (SE) Department, Government of Odisha, Bhubaneswar to him under Annexure-3 to the writ petition.

// 2 // 4.

It is submitted that against the communication of adverse remarks on the PAR of the Petitioner made under Annexure-1 to the writ petition, the Petitioner submitted his representation before the Opposite Party No.1 vide Annexure-2 to the writ petition. It is also submitted that as per the guidelines for recording and maintenance of PARs of Group-A Officers of the Government, it is only Special Secretary to Government, General Administration Department, who is competent to deal with the matter.

5.

This Court finds that the representation of the Petitioner submitted against the adverse PAR has been considered by the Opposite Party No.2-Under Secretary to Government, G.A. & P.G. (SE) Department, Government of Odisha, Bhubaneswar and that too without any reason whatsoever.

6.

In view of such lacunae on the part of the authority in considering the matter, this Court is inclined to quash the communicated dated 3.2.2021 under Annexure-3 to the writ petition. While quashing the same, this Court directs the Opposite Party No.1 to consider the representation submitted by the Petitioner on 10.11.2020 under Annexure-2 to the writ petition and pass a reasoned order within a period of one month from the date of receipt of this order. 7.

With the aforesaid observation and direction, this writ petition is disposed of.

(Biraja Prasanna Satapathy) Judge Debasis