Prakash Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.35275 of 2022 Prakash Kumar Mohapatra ....

Petitioner Mr. Ramdas Achary, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K. Pattnaik, ASC

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 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 this Hon'ble Court may graciously be pleased to:

Admit this writ petition, And Issue of an appropriate Writ of like nature and Direction(s) or Order(s) to set aside the order vide Office Order No.15845/1Esst.-(Misc.)-62/2013 dated 13.10.2021 under Annexure-2 and consequential Office Order vide O.O.

Corrigendum No.15855/1Esst.-(Misc.)-62/2013 dated 15.10.2021 under Annexure-3 passed by the Opp. Party No.2 suspending the petitioner in his service on 09.10.2021 and direct the Opp. Parties to reinstated the petitioner in his service as Environmental Scientist with release all financial benefits within a stipulated time period; And Pass such other or further orders as this

// 2 // Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

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-4, 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 StateOpposite 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.2 to consider the representation of the Petitioner under Annexure-4 in accordance with law within a period of four 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