Balaram Behera vs State Of Odisha & Ors
2021 Latest Caselaw 12790 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 36179 of 2021

              Balaram Behera                        ....          Petitioner

                                   Mr. K.K. Swain, Advocate

                                         -versus-
              State of Odisha & Ors.                ....        Opp. Parties

                                   Mr. D. Mohapatra, Standing Counsel for
                                   School and Mass Education Department

                                    CORAM:
                           JUSTICE M.S. SAHOO

                                  ORDER

Order No. 13.12.2021

01. This matter is taken up through physical mode.

Heard Mr. Swain, learned counsel for the petitioner and Mr. D. Mohapatra, learned Standing Counsel for the School and Mass Education Department for opposite parties.

It is submitted by Mr. Swain, the learned counsel for the petitioner while the petitioner was appointed as Contractual Physical Education Teacher, had completed six years of services, was due to be considered for his regularization as per the relevant rules, was implicated and became accused in the G.R. Case No.1162 of 2012 corresponding to Baripada Town P.S. Case No.258 dated 30.08.2012, which ultimately became S.T. Case No.44/213 of 2013-12.

It is submitted by the learned counsel for the petitioner that post-arrest of the petitioner, he was removed from service by the order dated 11.09.2012 as at Annenxure-9 passed by opposite party no.3- District Education Officer, Mayurbhanj. Subsequently, the trial in S.T. Case No.44/213 of 2013-12 has ended in the judgment dated 31.08.2021, wherein the petitioner along with other accused persons have been acquitted. Learned trial court as observed that "the case be treated as one of // 2 //

"mistake of fact.""

It is submitted by the learned counsel for the petitioner that the petitioner has brought the subsequent event, of his acquittal, by letter addressed to opposite party no.3-Distict Education Officer, Mayurbhanj, which was sent through Registered Post dated 20.09.2021. It is further submitted that the petitioner seeks liberty to pursue the said representation as at Annexure-12 dated 20.09.2021.

It is submitted by the learned Standing Counsel that the petitioner's representation shall be considered by the appropriate authority and disposed of in accordance with law.

Having heard learned counsel for the parties and considering the nature of grievance raised by the petitioner in the writ petition, the writ petition is disposed of at the stage of admission, with the following order:-

The authority shall do well to consider the representation dated 20.09.2021 under Annexure-12 and dispose of the same in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of communication of certified copy of this order, along with any other documents sought to be relied upon by the petitioner.

The authority shall communicate the petitioner the steps taken/decision rendered within two weeks.

The petitioner shall have the liberty to take appropriate follow-up action, as would be available under law, pursuant to the order to be passed by the authority.

However, it is clarified that this Court has not expressed any opinion on the merits of the case, in any manner, whatsoever.

Issue urgent certified copy as per rules.

                                                    (M.S. Sahoo)
RJ                                                      Judge