Bishnupriya Panigrahi vs State Of Odisha & Ors
2023 Latest Caselaw 13932 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.35781 of 2023

                 Bishnupriya Panigrahi                     ....               Petitioner
                                                                 Mr. K.K.Jena, Advocate
                                              -versus-
                 State of Odisha & Ors.                    ....        Opposite Parties
                                                                Mr. N.K.Praharaj,A.G.A.

                                           CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 08.11.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer :

"It is therefore, prayed that this Hon'ble Court would graciously be pleased to admit the writ application, issue rule NISI asking the opp.parties to show cause as to why major punishment passed by DFO, Phulbani in order No.11 dated 25.03.2017 under annexure-8 shall not be set-aside/quashed by disposing the Appeal under Annexure-9 pending before the opp.party No.2 within a short stipulated time thereby reinstating the petitioner as forest guard giving all service benefits ad if the opp.parties did not file any show cause and filed any insufficient cause then rule of law be made absolute thereby quashing/setting-aside the aforesaid order under annexure-8 thereby reinstating the petitioner in her service giving all benefits in the interest of justice.

And pass any other direction(s)/order(s) as this Hon'ble Court just deem fit and proper be passed."

4. It is stated by learned counsel for the petitioner that the petitioner initially was working as a Forest Guard on contractual basis under the // 2 //

Berhampur, Forest Circle. Thereafter, his services were regularized w.e.f. 03.01.2014 as a regular Forest Guard. On 10.12.2015 a departmental proceeding was initiated against the petitioner for submission of false sports certificate at the time of his recruitment. Simultaneously, a criminal case was also initiated against the petitioner bearing G.R. Case No.779 of 2015, which was pending before the JMFC, Phulbani. Learned counsel for the petitioner further contended that the criminal case has already ended in an acquittal vide a judgment dated 28.03.2023. So far the disciplinary proceeding is concerned, the same has come to an end by imposing such punishment on the petitioner. Being aggrieved by such order of punishment that the Disciplinary Authority, the petitioner has preferred an appeal before the appellate authority i.e. Opposite Party No.2 in the year 2017. The sole grievance of the petitioner in the present application is that although he has preferred an appeal in the year 2017 and he has been acquitted in a criminal case in the meantime, the appellate authority has not taken any steps to consider and dispose of the appeal in accordance with law.

5. Learned Addl. Government Advocate on the other hand contended that in the event the appeal is still pending before the appellate authority and in the event this Court directs the appellate authority i.e. Opposite Party No.2 to consider the appeal preferred by the petitioner strictly in accordance with law and rules and dispose of the same within a stipulate period of time.

6. Considering the submissions made by learned Counsels appearing for the respective parties and on a careful examination of the background facts of the present case and keeping in view the limited nature of the prayer involved in the writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to consider the appeal of the petitioner within a period of three months from the date of communication of a certified copy of this order strictly in accordance // 3 //

with law and the relevant rules and dispose of the same by passing a speaking and reasoned order. The final decision so taken be also communicated to the Petitioner within a period of two weeks thereafter.

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 Rubi

Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 15:37:25