Chatura Padhan vs Govt. Of Odisha & Others
2023 Latest Caselaw 14043 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.36303 of 2023
                 Chatura Padhan                          ....             Petitioner
                                                               Mr. L. Bhoi, Advocate

                                             -versus-

                 Govt. of Odisha & others                ....      Opposite Parties
                                                               Mr. N. Pratap, A.S.C.

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 09.11.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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

"It is therefore prayed that this Hon'ble Court may graciously be pleased to consider the facts and stated in the writ petition, admit the same, issue Rule NISI calling upon the Opp. Parties to show cause:-

i) Why the order of suspension vide Office Order No.151 dtd.06.12.2021 passed by the Opp. Party No.4- Conservator of Forests, Sambalpur Circle, Sambalpur under Annexure-1 shall not be quashed;

ii) If the Opp. Parties fail to show cause or show insufficient cause then the rule may kindly be made absolute.

And/ or pass any other order/ orders, direction/ directions, writ/ writs Hon'ble Court may deem just and proper."

// 2 //

4. Being aggrieved by the suspension order dated 06.12.2021, the Petitioner has approached this Court by filing the present writ application with a prayer to reinstate the Petitioner in service as the Petitioner has been placed under suspension for almost 2 years. He further contended that the Disciplinary Proceeding which has initiated against the Petitioner has not been concluded in the meantime.

Referring to the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhury vs. Union of India reported in 2015 (I) OLR (SC)-602 learned counsel for the Petitioner submitted that the employees, who have been placed under suspension for a long time their cases needs to be reviewed from time to time. Accordingly, the authorities are required to pass necessary orders on such suspension order. In such view of the matter, learned counsel for the Petitioner submitted that since the Petitioner is continuing on a suspension for almost 2 years the same is required to be reviewed in the light of the aforesaid judgment in Ajay Kumar Choudhury's case (supra).

5. Learned Additional Standing Counsel on the other contended that the proceeding which was initiated against the Petitioner has been continuing. He further contended that pursuant to initiation of aforesaid disciplinary proceeding the Petitioner has been placed under suspension. Therefore, the authorities have not committed any illegality in putting the Petitioner under suspension. In such view of the matter, he submitted that the writ application is devoid of merit and accordingly, the same should be dismissed.

6. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case further keeping in view the law laid down by the Hon'ble Supreme Court in Ajay Kumar Choudhury's case (supra), this Court deems it proper to dispose of the writ // 3 //

application at the stage of admission by granting liberty to the Petitioner to file a detailed fresh representation along with all supporting documents before the Opposite Party No.5 within two weeks from today. In the event, the same is filed before the Opposite Party No.5, then the Opposite Party No.5 shall do well to consider the same keeping in view the law laid down by the Hon'ble Supreme Court in Ajay Kumar Choudhury's case (supra) and dispose of the same within a period of four weeks from the date of communication of a certified copy of this order. The decision so taken be communicated to the petitioner within a week 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 Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 14:43:34