Ranjan Kumar Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 32223 of 2022 Ranjan Kumar Parida ....

Petitioner Mr. Jyoti Patnaik, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. N.K.Praharaj, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

30.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard the learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State. Perused the writ application as well as the documents annexed to it. 3.

It is submitted by the learned counsel for the Petitioner that the Petitioner was appointed as a Home Guard and while he was discharging his duty, a proceeding was initiated against him and on certain allegation, he was placed under suspension. However, till date no proceeding has been initiated against the Petitioner. Therefore, the Petitioner is continuing under suspension since 05.09.2019 till date i.e. for more than three years. Learned counsel

for the Petitioner further submits that the Petitioner has approached the authorities on several occasions by filing representation which are filed along with the writ application as Annexure-4. Therefore, learned counsel for the Petitioner seeks intervention of this Court for revocation of suspension order and reinstatement of the service of the Petitioner.

4.

Learned Additional Government Advocate submits that since the Petitioner has approached the authority by filing a representation, let the authorities be directed to consider the case of the Petitioner in accordance with law.

5.

Considering the submissions advanced by the learned counsel for the respective parties, this Court without keeping this matter pending this Court deems it proper to dispose of the same by directing the Petitioner to file a fresh representation within two weeks from today taking all the grounds including the judgment in support of his contention. In the event such a representation is filed before the Opposite Party No.3 who is stated to be the competent authority in the mater, the said Opposite Party No.3 shall consider the representation in accordance with law and dispose of the same by passing a reasoned and speaking order. Further, in the event it is found that no proceeding has been initiated against the petitioner

and he has been simply placed under suspension, then the authority shall do well to reinstate the Petitioner in service within two weeks thereafter.

6.

With the aforesaid observation and direction, this writ petition is disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra) Judge RKS