Ramakanta Nayak vs State Of Odisha And Others
2022 Latest Caselaw 4074 Ori

Citation : 2022 Latest Caselaw 4074 Ori
Judgement Date : 22 August, 2022

Orissa High Court

Ramakanta Nayak vs State Of Odisha And Others on 22 August, 2022

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.17327 of 2020

Ramakanta Nayak                      .....                               Petitioner
                                                           Mr. S.K. Mishra, Adv.
                                     Vs.
State of Odisha and others           .....                        Opposite Parties
                                                              Mr. G. Rout, ASC
                                                         Mr. G. Mishra, Sr. Adv.
                                                                 (for O.P. No.9)
             CORAM:

                   MR. JUSTICE SANJAY KUMAR MISHRA
                                            ORDER

22.08.2022 I.A. No.18699 of 2021 Order No. This matter is taken up through hybrid mode.

05.

2. Though this I.A. has been filed by the Petitioner for fixing an early date of hearing, learned Counsel for the Petitioner made a submission that since one of the impugned Order, i.e. Charge- sheet-Cum-Show Cause Notice dated 14.07.2020, as at Annexure- 8, has been issued by the employer based on the final Order dated 13.11.2019 passed by the State Level Scrutiny Committee vide FCC Case No.268 of 2010, as at Annexure-7, the matter relates to issuance of Caste Certificate, this Court is incompetent to hear the present Writ Petition and the same may be listed before the appropriate Bench.

3. Mr. G. Mishra, learned Senior Counsel for the Opposite Party No.9, submits that since it is not a case regarding issuance of Caste Certificate and rather, Charge-sheet, as at Annexure-8, has been issued based on the recommendation of the State Level

Scrutiny Committee, so also in terms of the judgment of the apex Court in Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others, (1994) 6 SCC 241, this Writ Petition being a service matter, this Court is competent to hear the present Writ Petition.

4. The Deputy Registrar (Judicial) is directed to examine and take necessary steps for listing the matter before the appropriate Bench, as expeditiously as possible in view of the judgment of the apex Court referred to above.

(S.K. MISHRA) JUDGE Padma