Nakshatramalini Pradhan vs State Of Odisha & Others
2023 Latest Caselaw 11944 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.29507 of 2023
                 Nakshatramalini Pradhan                 ....               Petitioner
                                                              Mr. D.K. Dhar, Advocate
                                             -versus-
                 State of Odisha & others                ....        Opposite Parties
                                                              Mr. P.K. Muduli, A.G.A.

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 04.10.2023
    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-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 your lordship be graciously pleased to issue Rule Nisi, calling upon, the Opp. Parties as to why a writ of Mandamus or any appropriate write(s) shall not be issued;

i) Direct the Opp. Party No.1 to sanction the pension of the Petitioner's husband and subsistence allowance applicable at that time;

ii) Direct the Opp. Party No.1 to sanction the family pension and TI in favour of the present Petitioner;

iii) If the Opp. Parties fails to show cause or show insufficient cause to make the Rule absolute;

And may further be pleased to pass any other order(s)/direction(s) as deem fit and proper in the facts and circumstances of the case;."

4. Learned counsel for the Petitioner, at the outset submitted that the Petitioner was initially appointed as a Sr. Clerk in the office of the District Agriculture Office, Angul. While working as such, the // 2 //

Petitioner was dismissed on service 27.03.1982. A criminal case was initiated against the Petitioner which ended up in conviction of the Petitioner. As against the same petitioner preferred a Revision No.19, 21 & 22 of 1996. By judgment dated 12.12.1991, this Court allowed the revision by holding that the prosecution has failed to establish the charge against the Petitioner beyond all reasonable doubt. Accordingly, the Petitioner was acquitted of all charges. Thereafter, the Petitioner approached the competent authority along with a judgment passed by this Court in the criminal revision. The Opposite Party No.3 vide order dated 31.10.1992 revoked the order of dismissal but the suspension order dated 15.09.1978 remained in-force till finalization of the proceeding.

5. Challenging the Disciplinary Proceeding it was pending against the Petitioner, the Petitioner approached the Odisha Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar by filing O.A. No.1210 of 1993 and the same was disposed of vide order dated 23.07.1999 with a finding that the Petitioner is entitled to be treated as an employee continuing in service till he ceased to be a Government servant on assumption of office of the Sarpanch. The learned Tribunal further observed that relating to charges of misappropriation that the same has been quashed by this Court in the criminal revision and accordingly, the Disciplinary Proceeding initiated against the Petitioner is liable to be quashed to that extent. As regards other charges, it is open to the Disciplinary Authority to proceed with the enquiry and pass appropriate orders unless the disciplinary authority decides to drop the same in view of the charged circumstances.

6. Learned counsel for the Petitioner further submitted that after disposal of the above noted criminal revision as well as the original application preferred by the Petitioner, the Competent Authority was not taken any steps when the pending Disciplinary Proceeding. Accordingly, the Petitioner has approached this Court by filing the // 3 //

present writ application.

7. Learned Additional Government Advocate, on the other hand submitted that the Petitioner has already approached the Principal Secretary, Agriculture and Farmers Empowerment-Opposite Party No.1 by filing a detailed representation on 06.08.2021, 13.07.2022 & 13.04.2023. All the representations are stated to be pending before the Opposite Party No.1 for taking a final decision. In such view of the matter, learned Additional Government Advocate submitted that in the event, this Court directs to the Opposite Party No.1 to take a lawful decision within a stipulated period of time in accordance with law and then he will have no objection to the same.

8. Having heard the learned counsels appearing for the respective parties and keeping in view the limited nature of the grievance of the Petitioner, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to dispose of the representation of the Petitioner under Annexure-6 strictly in accordance with law within a period of two months from the date of communication of the certified copy of this order. The decision so taken be communicated to the Petitioner within two weeks thereafter. It is needless to mention here that while taking a final decision the Opposite Party No.1 shall do well to keep in view the order passed by this Court in the criminal revision as well as by the Tribunal in the O.A. referred to hereinabove.

9. 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: 09-Oct-2023 10:09:32