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Orissa High CourtWPC(OAC)/3123/2014dismissed for defaultnonprosecution

Parikhita Sahoo v. State Of Odisha

2022-06-22Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 3123 of 2014 Parikhita Sahoo ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. D. Mund, AGA

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

22.06.2022 02.

RJ 1.

This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. None had appeared for the petitioner when the matter was taken up on 13.04.2022. On 13.04.2022 after considering the matter in some detail, the averments made in the writ petition as well as the submissions of the learned counsel for the State, the following order was passed and the matter was adjourned to 22.06.2022 granting another opportunity to the petitioner:- "The writ petition has been renumbered and registered before this Court on 13.12.2021 after being transferred, upon abolition of State Administrative Tribunal, Cuttack Bench, Cuttack. On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken up/pursued after 26.11.2015.

The original application was filed in the year 2014 by the petitioner, who was working as Peon, Office of the Assistant Registrar, Co-operative Societies, Anandapur Circle, Anandapur in the district of Keonjhar challenging the stoppage of duty pay salary from July, 2012 till the date of filing of the original application, through the petitioner was discharging his duties before the opposite parties-authorities.

Learned Addl.

Government Advocate referring to the counter filed before the learned Tribunal on behalf of opposite party no.3 submits that due to audit report indicating certain financial

// 2 // liability towards the applicant-petitioner, the salary was not disbursed.

It is further submitted that in all likelihood, during pendency of the original application, the petitioner's dues have been paid as his engagement and continuance in services is not disputed in the counter.

To grant another opportunity to the petitioner, list on 22.06.2022."

3.

Learned AGA reiterates the submissions on behalf of the State as indicated in the order dated 13.04.2022. 4.

Having heard learned AGA, the writ petition is dismissed for non-prosecution.

(M.S. Sahoo) Judge