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Orissa High CourtWPC(OAC)/3266/2013dismissed for defaultnonprosecution

Manas Ranjan Rout v. State Of Odisha

2022-04-11Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 3266 of 2013 Manas Ranjan Rout ....

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

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

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

11.04.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

None appears for the petitioner, when the matter is called.

3.

When the matter was last taken up on 10.03.2022, none had appeared for the petitioner and after considering the matter in some detail and submissions of the learned counsel for the State, the following order was passed:- "None appears for the petitioner when the matter is called.

The writ petition has been renumbered and registered before this Court on 06.12.2021 after being transferred, upon abolition of Orissa Administrative Tribunal, Cuttack.

On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken up after 20.09.2013.

The petitioner was aged about 41 years in the year 2013 when he filed the original application working as Process Server in the office of the Tahasildar, Bari in the district of Jajpur, inter alia, praying to finalize the Disciplinary Proceeding initiated by the employer by order dated 19.05.2007.

Learned Additional Government Advocate on

// 2 // instruction and based on the counter filed on behalf of opposite party no.3-Tahasildar dated 27.11.2014 submits that the petitioner has never co-operated with the disciplinary proceeding pending against him since after issuance of show cause, till filing of the counter affidavit, the petitioner did not respond to the proceeding by filing his reply. It is further submitted that after a long lapse of time of about fifteen years considering the nature of grievance, nothing would survive for adjudication.

To grant another opportunity to the petitioner, list this matter on 11.04.2022."

4.

Learned Standing Counsel for the State reiterates the submissions on behalf of the State as noted in the order dated 10.03.2022.

5.

Accordingly, the writ petition is dismissed for nonprosecution. (M.S. Sahoo) Judge