Orissa High Court
Chittaranjan Jena vs State Of Odisha And Another on 4 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14949 of 2023
Chittaranjan Jena .... Petitioner
Mr.Srinivas Mohanty. Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr.T.Pattnaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.07.2023
03. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing 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 prayer:
" The Petitioner, therefore, prays that your Lordship
would graciously be pleased to admit this petition, call for the
records and after hearing the parties be pleased to issue Rule
Nisi calling upon the Ops to show cause as to how the
seniority list published vide circular No.4084 dated 20.10.2018
is not taken into consideration while giving promotion of ASIs
to the post of Inspector of Police.
AND failing to show cause and/or appropriate cause
makes the rue absolute.
AND be pleased to quash the impugned select list dated
01.08.2021 under annexure-2.
AND pass any other and/or further order/orders as
deemed fit and proper under the circumstances of the case."
3. It is submitted by learned counsel for the Petitioner that the
case is an identical case, which has already been decided by this
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Court in the case of Khirod Kumar Mishra and others v.State of
Odisha and others (in W.P.(C) No. 2548 of 2021 decided on
03.05.2023).
5. Learned Additional Standing Counsel, on the other hand
submitted that the authorities have to examine whether the case of the
Petitioner is identical to the case of Kirod Kumar Mishra and others
v. State of Odisha and others (supra). In the event the authorities
come to conclusion that the case of the Petitioner is similar to the
aforesaid case, then they shall proceed with the matter in accordance
with law within the stipulated period of time.
6. Considering the submissions made by the respective parties,
upon careful examination of the background of the facts of the
present case, this Court deems it proper to dispose of the Writ
Petition at the stage of admission with a direction to the Opposite
Parties to consider the case of the Petitioner in the light of the
judgment in the case of Khirod Kumar Mishra and others v.State of
Odisha and others (in W.P.(C) No. 2548 of 2021 decided on
03.05.2023) in accordance with law within a period of six weeks
from the date of production of certified copy of this order along with
copies of the judgment Khirod Kumar Mishra and others v.State of
Odisha and others (in W.P.(C) No. 2548 of 2021 decided on
03.05.2023).
7. It is further directed that the Petitioner shall approach before
the D.G. & I.G. of Police, Police Headquarter, Odisha, Cuttack-
Opposite Party No.2 within a week by filing certified copy of this
order along with the judgment in the case of Khirod Kumar Mishra
and others v.State of Odisha and others (in W.P.(C) No. 2548 of
2021 decided on 03.05.2023).
8. Decision so taken on the said representation shall be
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communicated to the Petitioner within a period of two weeks
thereafter.
9. With the aforesaid observation/direction, the Writ Petition is
disposed of.
10. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 05-Jul-2023 10:33:30
