Susanta Kumar Jena vs State Of Odisha And Ors
2022 Latest Caselaw 1802 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.3018 of 2022
            Susanta Kumar Jena                      ....           Petitioner
                                                    Mr. Basudev Barik, Adv.

                                         -versus-
            State of Odisha and Ors.                ....    Opposite Parties
                                                   Mr.Biswajit Mohanty, SC
                                            (for S & ME Deptt./ O.Ps.1 to 4)
                        CORAM:
                        MR. JUSTICE S.K. PANIGRAHI
                                    ORDER

Order No. 14.03.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the petitioner submits that the petitioner was dismissed from service on 01.02.2020 and again he was reinstated in service on 04.03.2021. The allegation against the petitioner was that he was involved in selling of question papers/ answer sheet of OTET examination-2014. Accordingly, he was arrested in Gurandi P.S. Case No.128 of 2014 and G.R. case No.638 of 2014 was initiated against him for commission of offences under Sections 468/ 420/ 471/ 34 of the I.P.C. read with Section 9 of the Odisha Conduct of Examination Act,1988. Learned counsel for the petitioner further submits that the petitioner has been acquitted by the learned S.D.J.M., Paralakhemundi vide judgment and order dated 17.12.2020 passed in G.R. Case No.638 of 2014. The petitioner has also submitted a representation under Annexure-9 to the opposite party No.3- District Education Officer, Gajapati,

// 2 //

Paralakhemundi seeking regularization of his service from 01.02.2020 to 03.03.2021 which is pending till date.

4. In view of such inaction of the opposite party no.3 in not disposing of the representation, the petitioner has approached this Court.

5. Hence, issue notice to the opposite parties.

6. Mr. Biswajit Mohanty, learned Standing Counsel for School and Mass Education Department waives of notice on behalf of opposite parties. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter.

7. A show cause notice be issued to the opposite party No.3- District Education Officer, Gajapati, Paralakhemundi as to why the representation of the petitioner is pending since November, 2021.

8. List this matter on 20th of April, 2022.

( S.K. Panigrahi) Judge BJ