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Orissa High CourtWPC(OAC)/2414/2015disposed off

Jyotiranjan Mansingh v. State Of Odisha

2022-06-30Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.2414 of 2015 Jyotiranjan Mansingh ....

Petitioner Mr. Subasis Satapathy along with Mr.

B.K.Nayak, Advocate -versusState of Odisha & others ....

Opp.parties Mr. Pusparaj Bharadwaj, ASC for the State

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

30.06.2022

1. 1. This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 20.12.2021, after the Original Application was transferred from the learned State Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition.

3. On perusal of the available order-sheets of the leaned Tribunal, it is indicated that notices were issued by the learned Tribunal on 13.08.2015 and the matter was never taken up/pursued after 28.03.2016.

4. Learned counsel for the petitioner submits that he has no up-to-date instruction to pursue the matter at present.

5. The Original Application was filed in the year 2015 by the petitioner, who was then working as Forester (under suspension), Daspalla Section of Daspalla Range, challenging the order dated 06.07.2015 suspending the applicant in contemplation of a Departmental Proceeding.

6. Learned Standing Counsel submits that suspension of an employee in contemplation of a Departmental Proceeding is neither punitive nor stigmatic and the period of suspension shall be dealt with by the appropriate authority, after

// 2 // conclusion of Departmental Proceeding. Therefore, challenge to such suspension is premature and is not sustainable.

7. Having learned the learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction from the petitioner granting liberty to revive the same within sixty days for any surviving cause of action. ( M.S.Sahoo) Judge Gs