Rojalin Swain v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
[ W.P.(C) No.34878 of 2022 Rojalin Swain ....
Petitioner Mr. D.P. Pattanaik, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. T.K. Pattnaik, ASC
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
22.12.2022 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-Opposite Parties.
3.
The present writ petition has been filed by the Petitioner with the following prayers:- "It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties calling upon them to file show cause or insufficient cause after hearing from both sides as to why the selection process and appointment shall not be set aside and after fresh enquiry selection by the Collector, Jagatsinghpur (O.P. No.2) shall be made as per the grievance vide Annexure-1 dated 7.6.2022.
Ad may pass any other order(s), direction(s) as this Hon'ble Court may deem just and proper."
4.
It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.2 under Annexure-1, but the same are still pending before
// 2 // the said Opposite party and the said Opposite Party has not taken any decision as of now.
5.
Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.
6.
Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2 to consider and dispose of the representation of the Petitioner under Annexure-1 in accordance with law by passing a speaking and reasoned order within a period of six weeks from the date of production of certified copy of this order and the decision so taken thereon be communicated to the Petitioner within two weeks thereafter. Further it is directed that before taking a decision on the representation of the Petitioner under Annexure-1, Opposite Party No.2 shall provide an opportunity of hearing to all the parties concerned. However, it is for the Opposite Party No.2 to conduct an independent inquiry, if he feels that there is necessity to conduct an inquiry in the matter.
7.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Debasis