Dhirendra Kumar Mallick vs State Of Odisha & Others
2023 Latest Caselaw 13427 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.34768 of 2023
                 Dhirendra Kumar Mallick                 ....               Petitioner
                                                              Mr. K.K. Jena, Advocate
                                             -versus-
                 State of Odisha & others                ....       Opposite Parties
                                                              Mr. P.K. Muduli, A.G.A.

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 31.10.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as 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 :

"In the circumstances stated above, it is prayed that, the writ application may be admitted, the Opposite Parties may be noticed and hearing both the sides, the writ application may kindly be allowed and Opposite Party No.2 may be directed to release the entire arrear salary along with other service benefits of the Petitioner to which he would have received with effect from the year 1997 till date.

Or any other order/orders may kindly be passed on the facts and circumstances of the case;"

4. The present writ application has been filed by the Petitioner with a prayer for sanction and disbursal of the arrear salary as well as other service benefits. Learned counsel for the Petitioner submitted that while the Petitioner was in service he was entangled in a vigilance case bearing VGR Case No.79 of 1997 which was pending before the Additional C.J.M (Special Court)-cum-Assistant Sessions Judge, // 2 //

Cuttack. In the aforesaid vigilance trial the Petitioner was acquitted. After acquittal the Petitioner approached the authorities for grant of such arrear salary and other service benefits which was withheld the Petitioner's involvement in the vigilance case. It is further contended by learned counsel for the Petitioner that Tahasildar, Binjharpur sought for a clarification from the appropriate authority regarding finding of any appeal against the aforesaid order of acquittal. The Deputy Superintendent of Police, Vigilance, Cuttack Division vide his letter dated 29.09.2023 under Annexure-5 to the writ application has categorically stated no appeal has been preferred challenging the judgment of the acquittal in the above noted VGR case involving the present Petitioner as an accused. Therefore, it is submitted by learned counsel for Petitioner that there is no impediment in granting any arrear dues or service benefits which has been withheld because of the Petitioner's involvement in the aforesaid vigilance case. He also contended that the Petitioner has already approached the authorities i.e. Tahasildar, Binjharpur by filing a representation on 12.10.2023 under Annexure-6 to the writ application, the same is stated to be pending before the authorities for consideration.

5. Learned Additional Government Advocate, on the other hand contended that since the Petitioner has already approached the competent authority i.e. the Opposite Party No.2 by filing a representation under Annexure-6, in the event, the representation is still pending, then if this Court directs the Opposite Party No.2 to consider the same in accordance with law and dispose of the same within a stipulated period of time.

6. Considering the submissions made by the learned counsels appearing for the parties and on a careful examination of the background facts and keeping in view the limited nature of the grievance, this Court deems it proper to dispose of the writ application // 3 //

at the stage of admission by directing the Opposite Party No. 2 to consider the representation of the Petitioner under Annexure-6, if the same has not been disposed of in the meantime, strictly in accordance with law and shall make every endeavour to dispose of the same within a period of six weeks by passing a speaking and reasoned order. The decision so taken be communicated to the Petitioner within 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 Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Nov-2023 15:58:05