Bibhisan Naik vs State Of Odisha & Others
2022 Latest Caselaw 2655 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WPC(OAC) No. 1898 of 2013

                 Bibhisan Naik                     ....         Petitioner

                                    Mr. Satyabrata Udgata along with
                                    Mr. Sanjeev Udgata, Advocate

                                      -versus-
                 State of Odisha & others          ....       Opp. Parties

                                    Mr. T.K. Praharaj, Standing Counsel

                                     CORAM:
                                 JUSTICE M.S. SAHOO

                                   ORDER

Order No.                        17.05.2022

   02.      1.      This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 2nd December, 2021, after the original application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

3. On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 09.07.2013 and the matter was never taken up/pursued thereafter.

4. The O.A. was filed in the year 2013 by the applicant/petitioner challenging the order dated 12.06.2013 passed by the Director, Social Welfare (Annexure-4) by which the petitioner was dismissed from Govt. Service while working Statistical Assistant, Kesinga, RJ ICDS Project by exercising of the power conferred by rule 13 read with sub-rule 18(1) of the O.C.S. (CC & A) Rules, 1962.

5. Learned counsel for the petitioner submits that the // 2 //

brief has been taken away by the petitioner to engage other counsel and he has no further instruction. Accordingly, the name of Mr. Sanjeev Udgata, learned counsel and Associates be deleted from the cause list as well as case brief.

6. Learned Standing Counsel submits that nothing would survive for adjudication in view of the conviction of the petitioner by the learned Special Judge (Vigilance), Bhawanipatana, Dist.- Kalahandi by judgment dated 30.03.2013. It is further submitted that the fate of the appeal i.e. CRLA No.230 of 2013 filed by the petitioner challenging the judgment of the learned lower court is also not known.

7. Having heard learned counsel for the parties, to grant another opportunity to the petitioner, list on 1st August, 2022.

(M.S. Sahoo) Judge