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Orissa High CourtWPC(OAC)/2918/2014disposed off

Sangram Kishore Chand v. State Of Odisha

2022-04-12Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OAC) No.2918 of 2014 Sangram Kishore Chand ....

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

Opposite Parties Mr. M.K. Khuntia, AGA

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

12.04.2022 01.

1.

This matter is taken up through virtual/physical mode. 2.

The Original Application No. 2918 of 2014 was filed before the State Administrative Tribunal, Cuttack Bench, Cuttack. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OAC) No. 2918 of 2014.

3.

The Petitioner challenged the second show cause notice issued by Deputy Commissioner of Police in connection with Cuttack UPD Prog File No. 2/2014, whereby he was directed to submit explanation against the proposed punishment and charges of gross misconduct and irregularity coupled with unsatisfactory work. The Petitioner inter alia prayed for quashing of proceeding by UPD Prog File No. 2/2014.

4.

Mr. M.K. Khuntia, Learned Additional Government Advocate referring to Annexure-D to the counter affidavit filed by the Opposite Parties submitted that during the pendency of the Original Application filed before the

// 2 // Tribunal, final order has come to be passed by the Deputy Commissioner of Police vide D.O. No. 3545 dated 28th November, 2014. Perusal of record reveals that said final order has been passed in connection with second show cause notice has been served to the Petitioner on 29th November, 2014.

5.

Mr. M.K. Khuntia, Additional Government Advocate further submitted that the Petitioner neither challenged the final order independently nor has taken steps to amend the petition. The final order being an independent cause of action the present writ petition challenging the second show cause notice has become infructuous.

6.

In view of such submission of the learned Additional Government Advocate, the writ petition is dismissed. (M.S. Raman) Judge Laxmikant