Debaprasad Kanungo vs ) Odisha State Warehousing ..... ...
2025 Latest Caselaw 7058 Ori

Orissa High Court

Debaprasad Kanungo vs ) Odisha State Warehousing ..... ... on 15 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.10058 of 2025
            Debaprasad Kanungo             .....     Petitioner
                                                                Represented By Adv. -
                                                                Saibrata Rath

                                             -versus-
            1) Odisha State Warehousing                 .....       Opposite Parties
            Corporation, Bbsr
            2) Managing Director, Odisha State                  Represented By Adv. -
            Warehousing Corporation
            3) General Manager, Odisha State
            Warehousing Corporation
            4) Secretary, Odisha State Warehousing
            Corporation

                                   CORAM:
                     THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

Order No. ORDER 15.04.2025 01 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the Writ Petition as well as the documents annexed thereto.

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

" The Petitioner, therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction and set aside the order of punishment dated 09.09.2016 passed by the Secretary, Odisha State Warehousing Corporation/Opposite Party No.4

under annexure-1, and direct the Opp.Parties to release the retiral dues within a stipulated period"

4. On the prayer of the learned counsel for the Petitioner, he is permitted to add the Board of Directors represented through the Chairman of the Odisha State Warehousing Corporation as Opposite Party No.5. Let correction be carried out and corrected copy of the cause title be uploaded by tomorrow (16.04.2025).

5. Learned counsel for the Petitioner at the outset contended that being aggrieved by the order imposing punishment the Petitioner has already approached the appellate authority i.e. the Board of Directors, Odisha State Warehousing Corporation, Odisha under Annexure-10 to the Writ Petition. He further contended that although the appeal was presented on 26.08.2019 however, no final decision has been taken on such appeal. Being aggrieved by such inaction of the Opposite Party No.5 the Petitioner has approached this Court by filing the present Writ Petition.

6. Considering the grievance involved in the present Writ Petition, further taking into consideration the submission of the learned counsel for the Petitioner, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.5 to consider the appeal of the Petitioner, which is stated to be pending and to dispose of the same within a period of four months from the date of communication of this order by passing a speaking and reasoned order. It is open to the Petitioner to take any additional ground and the judgment in support of his contention along with the copy of this order. The

Petitioner is directed to approach Opposite Party no.5 within a period of four weeks along with certified copy of this order. Further, it is directed that the final order to be passed by Opposite Party No.5 shall be communicated to the Petitioner within 10 days thereafter.

7. With the aforesaid observation, the Writ Petition stands disposed of.

( A.K. Mohapatra ) Judge RKS

Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 16-Apr-2025 17:18:20