Nabakishore Das vs State Of Odisha & Others
2023 Latest Caselaw 9006 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                    W.P.(C) (OA) No.1203 of 2015

        Nabakishore Das
                                         ....                   Petitioner
                                                  Mr. S. Swain, Advocate
                                      -versus-

        State of Odisha & Others
                                         ....             Opposite Parties
                                              Mr. M.K. Balabantaray, AGA

                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

10.08.2023 Order No.

11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Parties.

3. Pursuant to the order passed by this Court on 19.07.2023, learned counsel for the Petitioner contended that even though while filing the appeal as well as revision against the order passed by the disciplinary authority, competency of the said authority was not taken, but in view of the decision of the Hon'ble Apex Court reported in the case of K. Lubna & Others vs. Beevi & Others in Civil Appeal Nos.2442- 2443 of 2011, such a legal point can be raised at any point of time. Copy of the said judgment provided by Mr. S. Swain, learned counsel for the Petitioner in Court be kept in record.

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4. Mr. M.K. Balabantaray, learned Addl. Government Advocate for the State on the other hand contended that since the impugned order of punishment was originally passed by the Principal Police Training School, Nayagarh, he is competent to pass such order as Principal Police Training School is in the rank of Superintendent of Police and accordingly it is contended that there is no illegality in passing the order of dismissal.

5. Mr. Swain, learned counsel for the Petitioner on the other hand contended that the Principal Police Training School, Nayagarh is not in the rank of Superintendent of Police and he prays for some time to provide necessary clarification / circular showing that Principal is not in the rank of Superintendent of Police.

6. As requested by him, list this matter in the week commencing 21st of August, 2023.

(Biraja Prasanna Satapathy) Judge

Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: ..

Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Aug-2023 14:17:58