Biraja Prasad Acharya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28822 of 2022 Biraja Prasad Acharya ....

Petitioner Mr. T. Nanda, Advocate -versus1. State of Odisha

2. Collector, Bolangir

3. Block Development Officer, Bolangir Opp. Parties ....

Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.11.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

In this writ petition, the petitioner Biraja Prasad Acharya has challenged the order dated 30.06.2022 passed by the opposite party no.2 Collector, Bolangir in Misc. Case No.11 of 2022 under Annexure-7 relating to disengagement from the post of Gram Rozgar Sevak (hereafter 'GRS') of Barkani Gram Panchayat under Bolangir Block in the district of Bolangir.

// 2 // Learned counsel for the State drew the attention of this Court to the Comprehensive Guidelines for Selection of Engagement of GRS under MGNREGS which indicates as to how the termination order has to be passed and who is the competent authority for that and it further provides if the GRS is aggrieved by the order of the Collector -cum- C.E.O., Zilla Parishad, he shall prefer an appeal before the Director, Special Projects, who is the Appellate Authority.

In view of such guidelines placed by the learned counsel for the State, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to approach the Appellate Authority. Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach the Appellate Authority. If an application is filed with the appeal for condoning delay, the same shall be considered by the Appellate Authority in accordance with law particularly taking into account the petitioner has approached this Court in a writ petition and it was withdrawn to file an appeal.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge RKM