Sipra Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.81 of 2019 Sipra Sethy ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

26.09.2022 01.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. N. Rath, learned counsel for the Petitioner and Mr. R.N. Mishra, learned AGA appearing for the Opp. Parties.

3. Even though the present writ Petition has been filed seeking quashing of the proceeding, Mr. Rath, learned counsel for the Petitioner submitted that on receipt of the charge memo since the Petitioner was never provided with the documents as relied on by the Disciplinary Authority, the Petitioner was compelled to approach this Court.

4. Mr. Rath, learned counsel for the Petitioner fairly submitted that if the documents will be provided to him by the O.P. No. 1, he will file his written statement of defence and will take part in the proceeding.

5. Mr. Mishra on the other hand submitted that the Petitioner though was permitted to go through the documents, but he never cooperated with the same and accordingly could not get the documents.

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6. Having heard learned counsel for the Parties and in view of the nature of grievance raised, this Court while disposing the writ Petition directs the O.P. No. 1 to provide the documents as prayed for by the Petitioner under Annexure-5 within a period of one month from the date of receipt of this order.

7. On being provided with the documents so directed by this Court the Petitioner will be allowed further one month time to file his written statement of defence and thereafter O.P. No. 1 will be at liberty to proceed with the proceeding so initiated under Annexure2 in accordance with the provision contained under OCS(CCA) Rules, 1962.

8. The writ Petition is disposed of with the aforesaid observation and directions.

(Biraja Prasanna Satapathy) Judge Sneha