Mitrabhanu Kumara vs State Of Odisha & Others
2023 Latest Caselaw 12024 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.29480 of 2023
                 Mitrabhanu Kumara                       ....              Petitioner
                                                        Mr. K.R. Choudhury, Advocate
                                             -versus-
                 State of Odisha & others                ....       Opposite Parties
                                                              Mr. P.K. Muduli, A.G.A.

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 05.10.2023
    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 :

"Under facts and in the circumstances stated above it is humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for and peruse the connected records so that conscionable justice can be done and after hearing the Petitioner's Counsel, be further pleased to:-

i. Issue Rule NISI calling for the O.P. to show cause as to why the award of BLACK MARK to the petitioner shall not be quashed and if they show no/insufficient cause make the Rule absolute;

ii. And further be pleased to direct the O.P. to decide the case of the Petitioner in the light of principle settled by this Hon'ble Court in W.P.(C) No.27484/2022. iii. Issue direction to the O.P. and/or their sub ordinates not to take any coercive action against the petitioner till the disposal of the writ petition.

iv. And may pass any such other order(s)/direction(s) as this Hon'ble Court deemed just and proper;" // 2 //

4. It is submitted by the learned counsel for the Petitioner that as against imposition of punishment of one black mark vide order dated 03.08.2018 by the Commandant, SOG, Bhubandeswar. The Petitioner has approached this Court by filing the present writ application. At the outset, it is submitted by learned counsel for the Petitioner that the case of the Petitioner is covered the judgment of this Court in Biswajit Panigrahi vs. State of Odisha & ors. in W.P.(C) No.27484 of 2022 decided on 19.05.2023.

5. Learned Additional Government Advocate, on the other hand submitted that the case of the Petitioner has pleaded in the writ petition is little different than the Biswajit Panigrahi's case. He further contended that the black mark in the case of the Petitioner was imposed distinctly and separately. Therfore, the same cannot be equated with the facts of the Biswajit Panigrahi's case. Learned Additional Government also contended that the order passed by the authorities is an appealable one. However, without preferring an appeal the Petitioner has approached this Court. He further submitted that in the event this Court directs the Petitioner to approach the competent authority for consideration on the grievance of the Petitioner by taking into consideration the judgment referred to hereinabove in accordance with law within a stipulated period of time, then he will have no objection to the same.

6. Considering the submission made by the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as 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 Petitioner to approach the Opposite Party No.2 by filing a detailed representation taking therein all the grounds along with a copy of the judgment in support of his contention within four weeks from today. In the event, such a representation is filed, the Opposite Party No.2 shall do well to // 3 //

consider the same strictly in accordance with law and shall also examine whether the law laid down in the Biswajit Panigrahi's case (supra) is applicable to the facts of the present case and thereafter, the representation of the Petitioner by passing a speaking and reasoned order within two months from the date of filing the representation before the Opposite Party No.2. The Opposite Party No.2 shall do well to communicate a copy of the final order to the Petitioner within two weeks from the date of taking such a decision.

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: 09-Oct-2023 10:15:25