3 30.03.2021 The Matter Is Taken Up ... vs Counsel For School And Mass ...
2021 Latest Caselaw 4385 Ori

                               W.P.C. NO.8722 of 2021
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3   30.03.2021         The     matter      is    taken   up    through     hybrid
                 arrangement (virtual/physical mode).
                       Heard Mr. L.K. Mohanty, learned counsel for the
                 petitioner    and   Mr.    B.   Mohanty,     learned    Standing
                 Counsel for School and Mass Education Department.
                       The petitioner has filed this writ petition to quash
                 the departmental proceeding initiated against him.
                       Mr.    L.K.   Mohanty,      learned    counsel    for   the
                 petitioner contended that earlier the petitioner had
                 approached this Court by filing W.P.(C) No.22898 of
                 2020 to conclude the departmental proceeding initiated
                 against the petitioner and accordingly, this Court vide
                 order dated 07.10.2020 directed opposite party no.3 to
                 complete the proceeding initiated against the petitioner
                 within a period of eight weeks from date of receipt of
                 the copy of the order. But, till date the proceeding has
                 not been completed. He further contended that in view
                 of judgments of the apex Court in State of Andhra
                 Pradesh V. N. Radhakrishnan, AIR 1998 SC 1833,
                 P.V. Mahadevan v. M.D. Tamilnadu Housing Board,
                 AIR 2006 SC 207 and Kailash Chandra Sahoo v.
                 State of Orissa, 2019(II) ILR CUT 121, the proceeding
                 should be quashed due to inordinate delay in finalizing
                 proceeding.
                       Mr. B. Mohanty, learned Standing Counsel for
                 School and Mass Education Department states that in
                 the meantime enquiry has been completed and the
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       enquiry report has been submitted. Therefore, he seeks
       a month's time to conclude the proceeding initiated
       against the petitioner.
                Considering the contentions raised by learned
       counsel for the parties and without expressing any
       opinion on the merits of the case, this Court granted a
       month's      time   to   the   authority   to   conclude   the
       proceeding initiated against the petitioner, failing which
       the writ petition shall be disposed of in accordance with
       the ratio decided in the aforementioned judgments of
       the apex Court.
                With the above observation and direction, the writ
       petition is disposed of.
                Issue urgent certified copy of this order as per
       rules.




                                      ...................................
                                       Dr. B.R. Sarangi, J.

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