Sangram Kishore Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No.2897 of 2018 Sangram Kishore Sahoo Petitioner Mr.R.K.Bisoi, Advocate -versusState of Odisha and others .... Opp.Parties Mr.Pusparaj Bharadwaj, ASC

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

01.8.2022 Order No.

5.

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Bisoi, learned counsel for the Petitioner and Mr.Bharadwaj, learned Additional Standing Counsel for the State.

3. The Petitioner is serving as a senior clerk in the Office of the District Welfare Office, Balasore on deputation and his parent organization is the Office of the Inspector of Schools, Central Zone, Bhubaneswar.

4. Disciplinary proceeding was drawn against him vide Order No.30416 dated 6th September, 2013 of the ST & SC Development Department, Government of Odisha and charge was framed vide order No. 32225 dated 27th September, 2013 (Annexure-3).

5. During pendency of such departmental proceeding, the Petitioner was deprived of getting service benefits like annual increment and RACP etc. Thus he has filed the present

application with a prayer to direct the Opposite Parties to sanction and disburse his annual increment, 2nd RACP and fixation of his pay etc.

6. Mr.Bisoi, learned counsel for the Petitioner submits that in the meantime ST & SC Development Department, Government of Odisha in order No.456 dated 8th January, 2021 has dropped the disciplinary proceeding initiated against the Petitioner. A copy of the said order dated 8th January, 2021 is produced in course of hearing by Mr.Bisoi. The same is kept on record.

7. Upon hearing Mr.Bharadwaj, learned Additional Standing Counsel for the State and considering the developments happened in the meantime that the disciplinary proceeding initiated against the Petitioner has been dropped, the Opposite Parties are directed to consider for grant of all such service benefits to the Petitioner in accordance with law, which he is entitled to and was deprived of due to pendency of the disciplinary proceeding against him, within a period of three months from the date of receipt of a copy of this order, in case there is no other illegal impediment.

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

( B.P. Routray) Judge C.R.Biswal