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Orissa High CourtWP(C)/34811/2022disposed off

Damodar Das v. Union Of India

2022-12-21Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34811 of 2022 Damodar Das ....

Petitioner Mr. L.Pr. Dwivedy, Advocate -versusUnion of India and others ....

Opposite Parties Mr. B.Pr. Tripathy, A.S.C.

Mr. D.R. Bhokta, CGC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to;

i.

Quash the Order, dated 09.09.2022 passed by the Opp.Party No.2 as at Annexure-10 and thereby direct the Opp. Parties to give posting to the petitioner at Cuttack or nearby Cuttack under Khordha Division in terms of the directive as at Annexure-1, within a stipulated period as may be prescribed by this Hon'ble Court;

ii.

Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice."

4.

In course of hearing, learned counsel for the Petitioner submits that the Petitioner may be permitted to file a fresh representation

// 2 // ventilating his grievance before the Principal Chief Security commissioner, Railway Protection Force, East Coast Railway, Bhubaneswar-Opposite Party No.2 which may be considered within a stipulated period of time in accordance with law. 5.

Learned counsel for the State on the other hand submits that he has no objection if permission is granted to the Petitioner to file the representation before the Opposite Party No.2 and the same is considered and disposed of in accordance with law. 6.

Considering the aforesaid submissions made by the respective parties, this Court disposes of the writ petition at the stage of admission with a direction to the petitioner to file a fresh representation highlighting his grievances along with copies of the relevant documents in support of his claim before the Principal Chief Security commissioner, Railway Protection Force, East Coast Railway, Bhubaneswar-Opposite Party No.2 within a period of two weeks from today. In the event such a representation is filed within the aforesaid period, the same shall be considered strictly in accordance with law within a period of four weeks from the date of receipt of the representation. The same shall be considered and disposed of by passing a speaking and reasoned order within aforesaid time stipulated. Any decision taken on the same shall be communicated to the Petitioner within a period of two week thereafter.

7.

With the aforesaid observation/direction, the writ petition stands disposed of.

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

( A.K. Mohapatra ) Judge Jagabandhu

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