Ganesh Choudhury v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 29873 of 2022 Ganesh Choudhury ....
Petitioner Mr. M.K. Mohapatro, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. P.K. Rout,, AGA
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
14.11.2022 01.
1.
This matter is taken up through Hybrid Arrangement Order No.
(Virtual/Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties.
3.
The present writ petition has been filed by the Petitioner with the following prayers:
"In view of the facts and circumstances, it is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for the records, issue notice to the Opp. Parties and after hearing the parties allow this Writ Petition by setting aside the impugned order of termination vide O/o. No.6052 dated 20.6.2017 under Annexure-6 and direct the Opp. Parties to reinstate the petitioner in his service as Block Accounts Manager, CHC Pujariguda and grant all service as well as financial benefits as the petitioner is entitled to within the time stipulated by this Hon'ble Court;
And pass any other order(s), directions(s) as this Hon'ble Court may deem fit and proper"
// 2 // 4.
It is submitted by learned counsel for the Petitioner that earlier the Petitioner was falsely implicated in a criminal case. Thereafter, he was disengaged from service. However, after facing trial, the Petitioner has already been acquitted by the trial court with all charges leveled against him. In view of such, the Petitioner has already approached the Opposite Party No.3-The Chief District Medical & Public Health Officer & District Programme Management Unit, Nabarangpur by filing a detailed representation dated 09.09.2022 under Annexure-9 to the writ petition along with a copy of the judgment passed by the trial court under Annexure-8 to the writ petition and the same is stated to be pending before the said Opposite Party.
5.
Learned counsel for the State, on the other hand, submits that since the representation of the Petitioner is pending before the authority, it would be suffice if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time. 6.
Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3-The Chief District Medical & Public Health Officer & District Programme Management Unit, Nabarangpur to consider the representation of the Petitioner dated 09.09.2022 under Annexure-9 to the writ petition taking into consideration the judgment of the trial court under Annexure-8 in accordance with law within a period of six weeks from the date of production of certified copy of this order. The Petitioner is directed
// 3 // to approach before the Opposite Party No.3 within two weeks from today along with a copy of this order and in that event, the Petitioner approaches before the Opposite Party No.3 as directed hereinabove, the Opposite Party No.3 shall do well to consider and dispose of the representation of the Petitioner by passing a speaking and reasoned order and the decision so taken thereof shall be communicated to the Petitioner within a period of two weeks thereafter. 7.
Urgent certified copy of this order be granted on proper application.
(A.K. Mohapatra) Judge Debasis