2 30.03.2021 The Matter Is Taken Up ... vs The Petitioner Has Filed This Writ ...
2021 Latest Caselaw 4378 Ori

                               W.P.(C) No.11667
                                          1     OF 2021




2   30.03.2021

The matter is taken up through hybrid arrangement (virtual/physical mode).

Heard Mr. G. Mukherji, learned Senior Counsel appearing along with Miss S. Sahoo, learned counsel for the petitioner.

The petitioner has filed this writ petition to quash the Memorandum dated 10.02.2020 under Annexure-1 issued by opposite party no.3.

Mr. G. Mukherji, learned Senior Counsel appearing for the petitioner contended that after 12 years of service, cause of action arises by way of issuing memorandum dated 10.02.2021, which has been served with the petitioner on 01.03.2021. It is contended that in several judgments, the apex court held that if there is delay in proceeding against the petitioner, the same has to be quashed, as it causes prejudice to the petitioner. It is further contended that during 12 years of service, the petitioner has also faced five transfers. As such, after long lapse of 12 years, initiation of proceeding cannot sustain in the eye of law.

Considering the contentions raised by learned Senior Counsel appearing for the petitioner and after going through the records, since the memorandum dated 10.02.2021 has been served with the petitioner under Rule 11 of CCS (CCA) Rule, the petitioner has every right to give reply to the same, as has been raised in this writ petition so that the authority shall

consider the same. Therefore, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to pursue his remedy before the appropriate authority.

With the above observation, the writ petition is disposed of.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

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