Bipin Kishore Kerketta v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(OAC) No.1666 of 2015 Bipin Kishore Kerketta ....
Petitioner -versusState of Odisha & Ors.
....
Opposite Party
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
28.06.2022
01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.
2. Heard Mr. Sethi, learned counsel for the Petitioner and Mr. Das, learned ASC appearing for the State-Opp. Parties.
3. Pursuant to the order passed by this Court on 22.06.2022 an affidavit was filed by the Petitioner in Court today. The same be kept on record. In the said affidavit the Petitioner himself admits that after filing of the present writ Petition three (3) other departmental proceeding have been initiated against him.
4. In view of such admission and taking into account the fact that the present writ Petition was filed against the issuance of the memorandum of charges vide Annexure-1, this Court is not inclined to entertain the writ Petition.
5. However, taking into account the order passed by this Court on 15.05.2015, this Court permits the Petitioner to file his show
// 2 // cause/written statement of defence within a period of four (4) weeks from today.
6. It is submitted by Mr. Sethi, learned counsel for the Petitioner that order passed in similar issue involved in O.A. No.2723(C) of 2008 has been confirmed by this Court as well as by the Hon'ble Apex Court. The Petitioner is permitted to raise all those points in his written statement of defence and the sole opp. Party shall take all those aspects while deciding the matter.
7. It is also submitted that as provided Rule 836 of the Odisha Police Manual, on initiation of any proceeding under the said Rules, order of reduction in rank / compulsory retirement / removal or dismissal of service can be passed.
8. Mr. Sethi submitted that if the Petitioner will be removed from service, then he will be deprived of all retirement benefits as due and admissible and if the Authority while taking a decision shall consider and pass an order of compulsory retirement then the Petitioner at best be eligible to get the said retirement benefits. It is open for the said Opp. Party to take a decision on such prayer if it will be raised by the Petitioner in his written statement of defence. Since the proceeding is of the year 2015, Opp. Party shall conclude the proceeding in accordance with law within a period of six (6) months from the date of filing of the written statement of defence.
9. It is observed that if no show cause / written statement of defence is filed within the aforesaid period of one month, the Opp. Party will be at liberty to proceed with the proceeding and pass final order on the same.
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10. The writ Petition is disposed of with the aforesaid observation and directions.
(Biraja Prasanna Satapathy) Judge Sneha