Biraj Mohan Mohanty vs State Of Odisha
2021 Latest Caselaw 12280 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) No. 32834 of 2020

            Biraj Mohan Mohanty                ....                               Petitioner
                                                               Mr. S.B. Jena, Advocate
                                                -Versus -
            State of Odisha                    ....                          Opp. Party
                                                                                     .
                                                                   Mr. J.P. Pattnayak,
                                                                 Government Advocate

                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                      ORDER

30.11.2021

Order No. This matter is taken up through hybrid mode. 01 2. Heard Mr. S.B. Jena, learned counsel for the petitioner and Mr. J.P. Pattnayak, learned Government Advocate for the State.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to revoke the order of suspension and grant consequential benefits as due and admissible to the petitioner.

4. Mr. S.B. Jena, learned counsel for the petitioner contended that in view of the judgment passed by the apex Court in Ajay Kumar Choudhary v. Union of India through its Secretary & Anr. (Civil Appeal No. 1912 of 2015 arising out of SLP No. 31761 of 2013), which has been annexed as Annexure-5 to this writ petition, and also letter dated 13.05.2021 of the General Administration (Vigilance)

Department, Government of Odisha, which has been annexed as Annexure-7 to the rejoinder affidavit, the impugned order of suspension is to be revoked and the petitioner is to be reinstated in service.

5. Mr. J.P. Pattnayak, learned Government Advocate for the State, on the other hand, contended that if the claim of the petitioner for revoking the suspension order is covered by the judgment of the apex Court as well as the letter issued by the General Administration (Vigilance) Department, Government of Odisha, the opposite party may be directed to examine the same and pass appropriate order in the light of the said judgment of the apex Court and letter of the G.A. (Vigilance) Department.

6. Having heard learned counsel for the parties, but, however, without going into the merits of the case, on the agreement of the learned counsel for the parties, the writ petition stands disposed of directing the opposite party to consider the case of the petitioner for revocation of the order of suspension and pass necessary orders in the light of the judgment of the apex Court annexed as Annexure-5 to the writ petition, as well as letter of the G.A. (Vigilance) Department, Government of Odisha annexed as Annexure-7 to the rejoinder affidavit, as expeditiously as possible, preferably within a period of three months from the date of communication of this order.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge GDS