Mamtaj Moharana vs State Of Odisha And Another
2023 Latest Caselaw 7251 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.20313 of 2023


                 Mamtaj Moharana                        ....            Petitioner
                                                   Mr. Niranjan Lenka, Advocate

                                              -versus-

                 State of Odisha and another             ....           Opp. Parties
                                                                    Mr. A.P. Das, A.S.C.




                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               04.07.2023
    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-Opposite Parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is therefore, prayed that this Hon'ble court would graciously be pleased to admit the writ application, issue rule NISI in the nature of writ of mandamus or any other writ/writs as deem fit and proper calling upon the Opp. Parties to show-cause as to why the Order of suspension dtd. 06.05.2022 vide annexure-1 passed by Opp. Party No.2 putting the petitioner under suspension shall not be quashed and why the petitioner shall not be re-instated in service either in her previous post or in the nearby area of Baripada Town or alternatively why the representations submitted by the petitioner vide annexure-2 and 3 series shall not be considered by the Opp. Party No.2.

And in the event of the Opp. Parties fail to show-

cause or show insufficient cause said rule be made absolute.

// 2 //

And further be pleased to pass any order/orders direction/directions as deem fit and proper."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-3 before the Opposite Party No.2, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-3 keeping in view the judgment of the Hon'ble Apex Court in the case of Ajay Kumar Choudhary Vrs. Union of India through its Secretary & Anr., reported in (2015) 7 SCC 291, within a period of four weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

( A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 06-Jul-2023 19:19:30