Union Of India & Others vs Jagabandhu Sahoo & Another
2021 Latest Caselaw 11030 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.20600 of 2021


     Union of India & others         . ........                     Petitioners
                                                     Mr. Chandrakanta Pradhan, CGC

                                     -Versus-
     Jagabandhu Sahoo & another ........                              Opp. Parties


                                     CORAM:

                                     JUSTICE C.R. DASH
                                     JUSTICE BISWANATH RATH

                                            ORDER

27.10.2021

Order No.

01.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard.

3. The Union of India, i.e., Department of Posts, has preferred this writ petition impugning the order passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.25 of 2016 remanding the matter to the Department for initiation of departmental proceeding afresh on the ground that, opportunity of hearing was not afforded to the petitioner-delinquent in the Original Application (O.P. No.1 here in this writ petition).

4. Having perused the Judgment passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack, we do not find any infirmity therein so far as remand is concerned. Accordingly, we dispose of the writ petition at the admission stage with observation that, any observation made by the learned Tribunal regarding the conduct of the proceeding against the petitioner earlier shall not bind the Department in conducting the proceeding afresh and the Department, in its own discretion and wisdom shall conduct the proceeding, giving full opportunity of hearing to the Opp. Party No.1.

5. With the aforesaid observation, the writ petition is disposed of.

6. Urgent certified copy of this Order be granted as per rules.

............................... (C.R. Dash) JUDGE

............................... (Biswanath Rath) JUDGE

Subha