Rekha Badhai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 638 of 2013 Rekha Badhai ....

Petitioner Mr. M.R. Mohapatra, Advocae along with Mr. U.K. Samal, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

30.03.2022 02.

RJ 1.

This matter is taken up through hybrid mode.

2.

On 25.02.2022, when the matter was taken up, the following order was passed:- "The Original Application having been transferred from the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition, has been registered before this Court as a writ petition on 3.12.2021.

2. On perusal of the available order sheets of the learned Tribunal it is indicated that the matter was never taken up after 17.5.2013.

3. The O.A. was filed in the year 2013 by the applicant when he was working as Village Agriculture Worker at Themera under the Deputy Director of Agriculture, Modipada (OP No.3) challenging the order dated 19.7.2012 in respect of rejection of representation dated 6.9.2010 passed by O.P.No.3 for deletion adverse remarks in the CCR for the period from 1.12.2008 to 31.3.2009.

4. It is further submitted by learned counsel for the petitioner that he does not have up-to-date instruction to pursue the litigation and may be accommodated for some time.

5. Learned Standing Counsel submits that after

// 2 // adverse entries were communicated to the petitioner in the year 2009, thirteen years have passed and nothing would survive for adjudication by this Court. Referring to the counter affidavit on behalf of O.P.No.3, it is further submitted that authority have taken a lenient view of the irregularities committed by the applicant/petitioner as indicated in para-4 of the counter affidavit.

6. It is submitted by learned counsel for the petitioner that he may be served with a copy of counter affidavit. Accordingly, learned Standing Counsel may serve a copy of the counter affidavit by 4.3.2022.

7. To grant another opportunity to the petitioner, list on 30.3.2022.

3.

It is submitted by the learned counsel for the petitioner that the writ petition may be withdrawn. 4.

As prayed for, the writ petition is disposed of as withdrawn.

(M.S. Sahoo) Judge