Sushanti Barik vs State Of Orissa & Ors
2023 Latest Caselaw 1845 Ori

                ORISSA HIGH COURT : C U T T A C K

                         W.P.(C) No.7739 of 2010

                      An application under Article 226 & 227 of
                          the Constitution of India, 1950

Sushanti Barik                                        : Petitioner
                                   -Versus-

State of Orissa & Ors.                             : Opposite Parties

For Petitioner                                 : M/s. S. Udgata,
                                                      N.C. Patnaik,
                                                      S. Udgata
For Opposite Parties                           : M/s. S.Pr. Mishra,
                                                      A. Mishra,
                                                      B.K. Nayak,
                                                      D.P. Patra,
                                                      S.R. Mishra,
                                                      R.K. Kanungo

                                   JUDGMENT

CORAM :

JUSTICE BISWANATH RATH

Date of hearing & judgment : 28.02.2023

1. Heard the submission of learned counsel for respective parties.

2. This writ petition involves a challenge to the impugned order at Annexure-7 being passed by the Collector & District Magistrate, Sambalpur involving disposal of an appeal involving a dispute with regard to appointment of Anganwari worker at Bhoitikira Anganwadi Centre, Dhankauda Block, Dist.-Sambalpur.

// 2 //

3. Learned counsel for Petitioner bringing reference of the guideline on adjudication of the appeal proceeding appended to the Writ Petition at Annexure-4 and reading through the clause (d) & (i) at page 19 & 20, submits that looking to the order of appointment passed by the C.D.P.O, Dhankauda Block-O.P.6 vide Annexure-3, the appeal should have been decided by the Sub-Collector, Sambalpur-O.P.4 and in no circumstance the appeal could have been adjudicated by the Collector, Sambalpur.

4. Taking this Court to the order at Annexure-7 learned counsel for Petitioner clearly demonstrated that the appeal involved herein has been decided by the Collector, Sambalpur.

5. There is no dispute with regard to the aspect of jurisdiction by any of the counsel appearing herein and determination of the appeal lies with the Sub-Collector, Sambalpur. This admission of all the parties also gets support through the order at Annexure-4. This Court observes, once there is particular procedure prescribed for disposed of appeal, there is no scope of deciding the appeal otherwise. The disposal of the appeal here is against the established prescription.

6. In the circumstance, this Court finds, order at Annexure-7 passed by the Collector, Sambalpur is without jurisdiction. In the interest of justice the appeal should be re-heard, but however, by the Sub-Collector, Sambalpur-O.P.4 following the provisions at clause

(d) & (i) of the circular at Annexue-4. In the process this Court while setting aside the order at Annexure-7, remits the matter to the Sub- Collector, Sambalpur-O.P.4 for re-adjudication of the appeal involved herein in accordance with law, but however, following the provision at clause (d) & (i) of the circular at Annexure-4 and without being influenced by the observation made in the impugned

// 3 //

order. The Collector, Sambalpur is directed to send back the appeal records to the Sub-Collector, Sambalpur for fresh disposal of it but in accordance with law. The appeal is directed to be disposed of within a period of two months from the date of appearance of the parties. Further keeping in view the contentions of both the parties, this Court leaves it open to the parties to raise all such contentions before the authority for its consideration.

7. Since both the parties in contest have already appeared and contested the matter, this Court directs both the parties to appear before the Sub-Collector alongwith a certified copy of this order on 13.03.2023.

8. It is further directed that position of the engagement of the Anganwari worker in Bhoitikira Anganwadi Centre, Dhankauda Block, Dist.-Sambalpur in the meanwhile shall be maintained for a period of three months and within which period there shall be decision in the appeal involved herein.

9. The writ petition stands disposed of with the above order, but however, no order as to the costs.

10. Free copy of this order be handed over to the learned State Counsel for necessary communication purpose and on whose instruction the Collector, Sambalpur after receipt of a copy of this order shall remit the appeal record to the Sub-Collector, Sambalpur- O.P.4 forthwith, if necessary, through Special Messenger.

...............................

(Biswanath Rath) Judge Orissa High Court, Cuttack.

The 28th February, 2023// Utkalika Nayak, Junior Stenographer