Saudamini Mishra vs State Of Odisha And Another
2022 Latest Caselaw 875 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 68 of 2022

            Saudamini Mishra                    ....                               Petitioner
                                                                  Mr. A. Mohanty, Adv.
                                                -Versus -
            State of Odisha and another         ....                        Opposite Parties

                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                      ORDER

01.02.2022

Order No. This matter is taken up through video conferencing

mode.

2. The petitioner has filed this writ petition seeking to quash the memorandum dated 13.05.2020 under Annexure-1.

3. Mr. A. Mohanty, learned counsel for the petitioner contended that the proceeding has been initiated against the petitioner on the verge of his retirement, i.e, on 13.05.2020. As such, in the meantime, the petitioner has already retired from service on attaining the age of superannuation on 31.10.2020 and in the meantime more than one year has already passed. Therefore, in view of the judgment of the apex Court in the case of Prem Nath Bali v. Registrar, High Court of Delhi, (2015) 16 SCC 415, the proceeding so initiated against the petitioner cannot sustain in the eye of law.

4. Issue notice to the opposite parties.

5. Two extra copies of the writ petition be served on learned State Counsel appearing for opposite parties no.1 and

2 within three days enabling him to obtain instructions or file counter affidavit.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok                                     (Dr. B.R. Sarangi)
                                                Judge