Orissa High Court
Subrat Kumar Mallik vs State Of Odisha And Others on 28 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27563 of 2023
Subrat Kumar Mallik .... Petitioner
Mr. S.K. Samal, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A.Pr. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 28.08.2023
01. 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 application 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 humbly prayed that this
Hon'ble Court be graciously pleased to:
i) Admit the writ application.
ii) Call for the record.
iii) Issue rule nisi calling upon the Opp.
Parties more particularly Opp. Party
No.2 to show-cause as to why the
impugned order No.11165
dtd.21.06.2022 under Annexure-6 shall
not be quashed.
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iv) If the Opp.parties more particularly Opp.
Party No.2 fails to show cause or show
insufficient cause issue a writ in the
nature of certiorari or any other writ/
writs, direction/ direction by quashing
the impugned order No.11165
dtd.21.06.2022 under Annexure-6.
v) Issue a writ in the nature of mandamus
or any other writ/writs
direction/directions directing the
opposite party No.2 to reinstate the
present petitioner as Gram Panchayat
Technical Assistant taking into
consideration his acquittal under
Annexure-7 and further direct the Opp.
Party No.2 to release the salary and other
service emoluments w.e.f. 10.07.2020
within a stipulated time period to be
fixed by this Hon'ble Court.
vi) And/or pass any other order/orders,
direction/directions as this Hon'ble
Court deems fit and proper for the ends
of justice."
4. Being aggrieved by the inaction on part of the Director of
Panchayati Raj and Drinking Water Department, Bhubaneswar-
Opposite Party No.2 to reinstate the petitioner in service, the
petitioner has approached this Court by filing the present writ
application.
5. It is submitted by learned counsel for the petitioner that
while the petitioner was working as a Gram Panchayat Technical
Assistant (GPTA) on being initially engaged on 06.10.2015.
While the petitioner was continuing as GPTA, he entangled with
a vigilance Case in G.R. (Vigilance) Case No.12 of 2020 arising
out of T.R. No.06 of 2021 as a result of which the petitioner was
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temporarily disengaged from his service. Thereafter, the
petitioner was entangled with the alleged vigilance case, he was
acquitted vide judgment dated 28.02.2023 passed by the
Additional Sessions Judge-cum-Special Judge, Bhawanipatna in
G.R. (Vigilance) Case No.12 of 2020/T.R. N.06 of 2021 under
Annexure-7 to the writ application. After acquittal in the
vigilance case, the petitioner approached the Director of
Panchayati Raj and Drinking Water Department, Bhubaneswar-
Opposite Party No.2 for reinstatement of the petitioner. Learned
counsel for the petitioner, at this juncture, submitted that no
action has been taken by the said Opposite Party and the
petitioner, who was temporary, disengaged from service after
entangled with the vigilance case. In such view of the matter,
learned counsel for the petitioner submitted that the Opposite
Party No.2 may be directed to issue a letter for reinstatement by
taking into consideration the judgment of acquittal under
Annexure-7 to the writ application.
6. Learned Additional Standing Counsel, on the other hand,
contended that the pending trial of the vigilance case in which
the petitioner was entangled and he was disengaged from
service. He further submitted that in the event, the petitioner has
been acquitted from the said vigilance case. It is further
contended by learned Additional Standing Counsel for the State
that he has no objection, if a direction is given by this Court to
the Opposite Party No.2 to consider the representation of the
petitioner under Annexure-8 dated 10.08.2023 to the writ
application, the same is still pending strictly in accordance with
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law within a stipulated period of time.
7. Considering the submissions made by learned counsels
appearing for the respective parties, on a careful examination of
the background facts of the present case, this Court deems it
proper to dispose of the writ application at the stage of
admissions by directing the Director of Panchayati Raj and
Drinking Water Department, Bhubaneswar-Opposite Party No.2
to consider the representation of the petitioner dated 10.04.2023
under Annexure-8 to the writ application within a period of six
weeks from the date of communication of certified copy of this
order by the petitioner. The Opposite Party No.2 is further
directed to consider the representation of the petitioner and
dispose of the same by passing a speaking and reasoned order
keeping in view the judgment passed by the Additional Sessions
Judge-cum-Special Judge, Bhawanipatna in G.R. (Vigilance)
Case No.12 of 2020/T.R. N.06 of 2021 under Annexure-7 to the
writ application within the aforesaid time stipulated. Decision so
taken shall be communicated to the petitioner within ten days
thereafter.
8. With the aforesaid observation/direction, the writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge ( A.K. Mohapatra )
Reason: Authentication
Location: OHC, CUTTCK Judge
Date: 29-Aug-2023 18:54:01
Jagabandhu
