Santosh Kumar Pattnaik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
[ W.P.(C) No.35004 of 2022 Santosh Kumar Pattnaik ....
Petitioner Mr. A.K. Das, 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 Additional Standing Counsel appearing 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 your Lordships may be pleased to quash the draft charges in a disciplinary proceeding vide memo No.365 dt.
17.4.2010 under Anx.2 and direct the Govt./O.P. No.1 to regularize the period of suspension from 8.3.2010 to 7.10.2010 as duty, grant annual increments due from 1.2.2021 till the date of retirement on 30.06.2022 and accordingly fix the pay and grant the final pension of the petitioner with payment of all consequential financial benefits.
And pass any other order/orders as deemed fit and proper in the ends of justice, equity and good conscience."
4.
It is submitted by learned counsel for the Petitioner that
// 2 // although the Petitioner has filed representation before the Opposite Party No.1 under Annexure-10, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.
5.
Learned Additional Government Advocate appearing for the State-Opposite Parties 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.1 to consider the representation of the Petitioner under Annexure-10 in accordance with law within a period of six weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.
7.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Debasis