Kailash Chandra Bhuyan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No.3784 of 2012 Kailash Chandra Bhuyan ....
Petitioner Mr. R.C. Pradhan, Advocate along with Mr.
A. K. Mohanty(A), Advocate -versusState of Odisha & others ....
Opp.Parties Mr. S. Jena, Standing Counsel for the School and Mass Education Department
CORAM:
JUSTICE M.S.SAHOO Order No.
ORDER
18.02.2022
1. This matter is taken up through hybrid mode. The petition has been renumbered and registered before this Court on 01.12.2021 after being transferred, upon abolition of the State Administrative Tribunal, Cuttack Bench, Cuttack.
On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken up after 16.11.2012.
It is submitted by the learned counsel for the petitioner that Annexure-5 to the original application that was filed before the learned Tribunal dated 16th March,2012 is still pending disposal.
Learned Standing Counsel for the opposite parties submits that he do es not have a copy of the said Annexure as the copy of the original application provided to him does not contain the same. He further submits that since the details regarding transmission of the representation to the appropriate authority and whether the appropriate authority had received
// 2 // the same is not indicated, it would be difficult to trace out the same, if at all the same is pending after ten years. Learned counsel for the petitioner seeks liberty to make a representation afresh for redressal of his grievances before the appropriate authority.
Considering the limited nature of grievance raised by the petitioner in the petition as well the submissions of the learned counsel for the parties, the writ petition is disposed of at the stage of admission with the following order:
The petitioner, if so advised, shall make a representation afresh enclosing copy of the earlier representation, if any, along with the documents sought to be relied upon by the petitioner before the appropriate authority. The authority shall do well to consider the representation of the petitioner and dispose of in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of this order along with copy of the representation(s) and other documents. The order that is to be passed by the authority shall be communicated to the petitioner within two weeks.
The petitioner is at liberty to take appropriate follow-up action, as available under law, pursuant to the decision that would be rendered by the authority.
It is clarified that this Court has not expressed any opinion on the merits of the case, in any manner whatsoever. The writ petition is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( M.S.Sahoo) Judge Gs