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Orissa High CourtWP(C)/28763/2022disposed off

Purusottam Pradhani v. State Of Odisha

2022-11-02Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28763 of 2022 Purusottam Pradhani ....

Petitioner Mr. G.C. Swain, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. A. Behera, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner challenging the order of the disciplinary authority dated 04.03.2022 under Annexure-3 whereby the petitioner dismissed from his service on the ground that he has been awarded nine black marks during his service carrier.

4.

Leaned counsel for the State, on the other hand, submits that for departmental proceeding, a remedy for appeal is available under Rule 8(1) and clause(b) of the Orissa Police Manual. Therefore, the may be directed to approach before the appellant authority. 5.

It is further submitted by learned counsel for the State that he has no objection if permission is granted to the petitioner to file an appeal before the appellate authority and the same shall be considered and disposed of in accordance with law.

// 2 // 6.

Considering the aforesaid submission, limited nature of grievance of the petitioner, this Court disposes of the writ petition granting liberty to the petitioner to file an appeal before the appellate authority ventilating his grievance within a period of two weeks. If such an appeal is filed within the time stipulated, the same shall be considered and dispose of by the said appellate authority in accordance with law within a period of three months thereafter and condone the delay for filing of the appeal as the case is pending before the this Court. The decision so taken on the appeal of the petitioner shall be communicated within ten days thereafter.

7.

With the aforesaid observation the writ application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu