Antaryami Padhiari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.2702 of 2015 Antaryami Padhiari & Ors.

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Petitioners -versusState of Odisha & Ors.

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Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

29.06.2022

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

2. Heard Mr. Prusty, learned counsel for the Petitioner and learned counsel for the State.

3. The Petitioners are aggrieved by the communication issued by O.P. No. 2 on 02.06.2012 under Annexure-3, in the said communication a direction has been issued to the D.E.O., Kendrapara-O.P. No. 3 to reconvene the screening committee to cancel the recommendation of screening committee held on 27.11.2014.

4. Mr. Prusty, learned counsel for the Petitioner submits that basing on the decision of the screening committee taken under Annexure2, the benefit of RACP was extended in favour of the Petitioner vide Order dtd.11.02.2015 under Annexure-1. It is submitted that the Petitioners will be seriously prejudiced if the said recommendation is cancelled and the order passed under Annexure-

// 2 // 1 is withdrawn by the Opp. Party basing on the direction issued by the O.P. No. 2.

5. Since the Petitioners were extended with the benefit basing on the recommendation of the screening committee held on 27.11.2014 under Annexure-2, O.P. No. 3 is directed to follow the principle of natural justice by issuing necessary show cause prior to taking any decision as per the direction of the Director contained in the impugned communication. O.P. No. 3 is further directed to afford personal hearing to Petitioner No. 1 on behalf of all the Petitioners prior to taking such a decision.

6. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha