Priyabrata Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27407 of 2022 Priyabrata Nayak ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

18.10.2022 01.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "Under the circumstances it is most respectfully prayed that this Hon'ble Court may kindly graciously be pleased to allow this application and issue notice to the Opp. Parties to file their show cause and upon hearing them this Hon'ble court may kindly be pleased to quash the order disengagement dtd.11.09.2017 & order dated 07.07.2018 of the appellate authority vide Annexure-4 & 6 respectively declaring the action of the opposite parties as illegal, arbitrary, malafide, unconstitutional, without authority and in gross violation to the principles of natural justice and the petitioner be reinstated in his service with all financial and consequential service benefits within a stipulated period to secure ends of justice:

And pass any other order/orders, as may be deemed fit and proper in the facts and circumstances of the case.

And for this act of kindness the petitioner shall as in duty bound ever pray."

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4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.6 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.6 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.6 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha