Pragnya Paramita Swain vs State Of Odisha & Ors. ..... Opposite ...
2024 Latest Caselaw 10139 Ori

Orissa High Court

Pragnya Paramita Swain vs State Of Odisha & Ors. ..... Opposite ... on 18 June, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  WP(C) No.14355 of 2024
Pragnya Paramita Swain          .....    Petitioner
                                                     Mr. K.K. Swain, Advocate

                              -versus-
State of Odisha & Ors.               .....           Opposite Parties
                                                      Mr. S. Rath, ASC


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

                              ORDER

18.06.2024

1. This matter is taken up through hybrid mode.

2. Heard Mr. K.K. Swain, learned counsel for the Petitioner and Mr. S. Rath, learned Addl. Standing Counsel appearing for the Opp. Parties.

3. Even though Petitioner has filed the present writ petition challenging order dtd.27.07.2023 so passed by opp. Party No. 4 under Annexure-12, but in course of hearing learned counsel for the Petitioner contended that since in the meantime Petitioner has been acquitted from the charges in the Criminal Proceeding vide Judgment dtd.29.04.2024 in G.R. No. 1437 of 2021/T.R. No. 225/2024, she may be permitted to make a fresh application for reconsideration of her claim for reinstatement.

4. It is also contended that claim of the Petitioner to get the benefit of reinstatement is covered by a decision of the Hon'ble Apex Court in the case of Ram Lal Vs. State of Rajasthan & Ors. (Civil Appeal No. 7935 of 2023) disposed of on 04.12.2023.

5. Mr. S. Rath, learned ASC does not dispute the contention raised by the learned counsel appearing for the Petitioner.

6. Considering the submission made, this Court is inclined to quash order dtd.27.07.2023 so passed by Opp. Party No. 4 under Annexure-12. While quashing the same, this Court remits the matter to Opp. Party No. 4 to take a fresh decision on the claim of the Petitioner to get the benefit of reinstatement within a period of two (2) months from the date of receipt of this order with due communication to the Petitioner.

6.1. It is however observed that while taking a fresh decision, the decision in the case of Ram Lal (supra) be taken into consideration in its proper prospective.

7. The writ petition is disposed of accordingly.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack