Orissa High Court
Sudarshan Nayak vs Director (Research) on 12 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10097 of 2023
Sudarshan Nayak .... Petitioner
Mr. D.K. Mohapatra, Advocate
-versus-
Director (Research), Robber .... Opposite Parties
Research Institute of India, Robber
Board, under Ministry of
Commerce and Industry,
Government of India and another
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 12.04.2023
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"It is therefore most prayed that this Hon'ble
Court may graciously be pleased to admit this writ
petition and issue notice to the Opposite Parties and
after hearing to the parties this Hon'ble Court may set
aside the order of suspension under Annexure-1 &
charge sheet under Annexure-2 as well as entire
proceeding which is initiated against the petitioner
holding that such order and charge sheet as well as the
entire proceeding are completely illegal, unlawful and in
violation to the fundamental rights under Article 14, 16,
19 and 21 of the Constitution of India, 1950. And further
be pleased to direct the Opp.parties to regularize his
service and to release all the service and financial
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benefits including all the pending salary and other
pending financial benefits since the date of suspension
to the petitioner within a stipulated period.
And pass such other order/orders as would be
deem fit and proper."
4. In course of hearing, it is submitted by the learned counsel for
the Petitioner that the Petitioner wants to make a fresh
representation before the authority concerned with a direction from
this Court to the authority to consider the case of the Petitioner
within a stipulated period of time.
5. Learned counsel for the Opposite Parties submits that he has
no objection if the Petitioner is permitted to file a fresh
representation before the authority concerned with a direction to the
authority concerned to consider the representation of the Petitioner
in accordance with law within the stipulated period of time.
6. Considering the submissions made by learned counsels for the
respective parties, this Court deems it proper to dispose of the writ
petition at the stage of admission by directing the petitioner to
approach the Officer-In-Charge, Regional Research Station, Robber
Board, under Ministry of Commerce and Industry, Government of
India, Dhenkanal-Opposite Party No.2 by filing a representation
within a period of ten days hence taking therein all the grounds along
with supporting documents. In the event such a representation is
filed, the Opposite Party No.2 shall do well to consider the same in
accordance with law and dispose of the representation of the
petitioner by passing a speaking and reasoned order within a period
of four weeks taking into consideration the judgment of the Hon'ble
Supreme Court in the case of Ajay Kumar Choudhary vrs. Union of
India through its Secretary and another : reported in 2015(I) OLR
// 3 //
(SC)--602 from the date of production of the certified copy of this
order. Decision so taken on the said representation shall be
communicated to the petitioner within a period of two weeks
thereafter.
7. Further, it is directed that in the event salary as well as other
dues outstanding, the petitioner shall file a separate representation
before the Opposite Party No.2, who shall do well to consider the
same. In the event it is found that the petitioner is entitled to salary
as well as outstanding dues, the same shall be sanctioned and
disbursed in favour of the petitioner forthwith preferably within a
period of four weeks from the date of taking such decision.
8. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Jagabandhu
