Orissa High Court
Sashi Bhusan Sahani vs State Of Odisha & Others on 24 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26309 of 2023
Sashi Bhusan Sahani .... Petitioner
Ms. Subhashree Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 24.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the petitioner as well as
learned Addl. Government Advocate for the State-Opposite Parties.
Perused the writ petition as well as the documents annexed thereto.
3. The present writ application has been filed by the Petitioner with
the following prayer:-
"In the above facts and circumstances, it is,
therefore, humbly prayed that, this Hon'ble Court may
graciously be pleased to admit the writ petition, call for
the records and after hearing the parties, may be
pleased to pass the following reliefs:-
a) An appropriate order may kindly be passed in
quashing the impugned order of dis-engagement
dated 30.03.2016 under Annexure-6;
b) An appropriate direction be made to the Opp.
Parties to reinstate the petitioner in service with
all consequential benefits;
c) And may pass such other Order/Orders/
Directions/writs be issued in giving complete
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relief to the petitioner;"
4. It is submitted by learned counsel for the Petitioner that the
Petitioner was initially appointed as Data Entry Operator. While
working as such the Petitioner got entangled in the criminal case.
Learned counsel for the Petitioner further contended that the Petitioner
has been terminated from service under Annexure-6 on the ground of
his involvement in the criminal case. She further stated that in the
meantime the Petitioner has been acquitted in the criminal case and the
judgment of learned Trial Court has been filed along with writ
application as Annexure-7. After acquittal although the Petitioner
approached the Opposite Party No.1, however, the Opposite Party No.1
has not taken any step to reinstate the Petitioner in service.
5. Learned Additional Government Advocate on the other hand
submitted that since the Petitioner has already approached the Opposite
Party No.1 by filing a representation under Annexure-8 to the writ
application, then he will have no objection in the event this Court
directs the Opposite Party No.1 to consider the representation of the
petitioner under Annexure-8 strictly in accordance with law within a
stipulated period of time.
6. Considering the submission made by the learned counsels
appearing for the respective parties and on a careful examination of
the background facts of the present case as well as the materials
placed on record, this Court deems it proper to dispose of the writ
application by directing the Opposite Party No.1 to consider the
representation of the Petitioner under Annexure-8 to the writ
application in accordance with law within a period of two months.
Further, it is directed that while considering the representation of the
Petitioner the Opposite Party No.1 shall consider the judgment of the
acquittal under Annexure-7 to the writ application and pass a
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speaking and reasoned order. The decision so taken by the Opposite
Party No.1 be also communicated to the petitioner within two weeks
from the date of taking such a decision.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 31-Aug-2023 18:28:05
