Pradyumna Chandra Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC ) No.4747 of 2015 Pradyumna Chandra Mohanty ....

Petitioner -versusState of Odisha & others ....

Opp. Parties.

COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

13.7.2022

1. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard Mr. Sethi, learned counsel for the Petitioner and Mr. Balabantaray, learned A.G.A

3. The petitioner has filed the present Writ Petitioner with a prayer to quash the proceeding against him under Annexure-1. It is submitted that after initiation of the proceeding when the relevant documents were not provided to the petitioners enabling him to file his written statement of defence, the petitioner approached the learned Tribunal in O.A. No.918 (C ) of 2014. Learned Tribunal vide order dated 1.5.2015 disposed of the said original application with a direction to the petitioner to file his written statement of defence within a period of one month from the date of receipt of the order and with a further direction on the Disciplinary authority to provide the documents. It is submitted that in spite of such order when the documents were not provided, the petitioner approached Opp. Party No.1 under Annexure-10 and subsequently, the present Writ Petition has been filed with the aforesaid prayer. 4.

Counter affidavit has been filed by Opp. Party No.1wherein it has been indicated that due to gross negligence on the part of the petitioner, the proceeding has been initiated against him.

// 2 // 5.

Be that as it may, this Court is not inclined to interfere with the prayer as made in the Writ Petition. However, it is observed that if the petitioner has not yet filed his written statement of defence, he may file the same within a period of one month from today. It is further observed that on filing of the written statement of defence, the Disciplinary AuthorityOpp. Party No.1 shall proceed with the same in accordance with law and conclude the proceeding within a period of six months from the date of receipt of this order.

6.

The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge