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Orissa High CourtWPC(OAC)/1007/2012disposed off

Rajanikanta Ray v. State Of Odisha

2022-02-21Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.1007 of 2012 Rajanikanta Ray ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

21.02.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard the learned counsel for the Petitioner and learned counsel for the State.

3.

The Petitioner has filed the present Writ Petition challenging the order dated 30.3.2012 under Annexue-5 to the Writ Petition passed by opposite party No.2-District Civil Supply Officer, Mayurbhanj for recovering an amount of Rs.12,800/- from the salary of the Petitioner. 4.

It is submitted by the learned counsel for the Petitioner that prior to giving such a direction, no opportunity of hearing was given to the Petitioner.

5. Since the principle of natural justice has not been followed while issuing such a direction, this Court directs opposite party No.2 - District Civil Supply Officer,

// 2 // Mayurbhanj to take a fresh decision with regard to such recovery by giving an opportunity of hearing to the Petitioner.

6.

However, the entire exercise shall be completed within a period of three moths from the date of communication of the order by the present Petitioner.

7.

With the aforesaid observation and direction, the Writ Petition (OAC) stands disposed of.

8. Issue urgent certified copy of the order as per rules. (Biraja Prasanna Satapathy) Judge Subrat