Orissa High Court
Nilamadhaba Dalai vs State Of Odisha & Ors. ..... Opposite ... on 21 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10405 of 2025
Nilamadhaba Dalai ..... Petitioner
Represented By Adv. -
Asutosh Rout
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Dayanidhi Lenka,
A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
21.04.2025
Order No.
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 Govt. Advocate for the State-Opposite Parties. Perused
the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the aforesaid facts and circumstances of
the case, it is, therefore, most humbly prayed that this
Hon'ble Court be graciously pleased to issue Rule
NISI, calling upon the Opp. Parties to show cause as to
why;
(I) Writ in the nature of Mandamus shall not be
issued by declaring the Notice No.2917
dated 27.03.2025 communicated to the
petitioner directing to petitioner for hearing
as a affected person (U/Annexure-4) shall
not be quashed by declaring the same, is not
only illegal, arbitrary but also the same is
totally non-application of mind.
(II) Why direction shall not be issued to the Opp
Parties not to disturb and allow the
petitioner to continue as ADEO in the office
of Blok Development Officer, Sana
Khemundhi, in which now petitioner is
continuing as ADEO, on the grounds in the
said Notice the number of Writ Application
which is mentioned the present petitioner
having no nexus.
And pass any other order/ orders as would be
deemed fit and proper in the facts and circumstances of
the present case."
4. Learned counsel for the Petitioner submits that initially the
Petitioner was working as a Gram Rozgar Sevak and in terms of the
Odisha Accountant-cum-Data Entry Operator (Method of
Recruitment and Conditions of Service) Rules, 2024, more
particularly proviso to Rule 10(1) dealing with procedure for filling
up vacancies by way of selection, the Petitioner was appointed
along with others as per the order dated 21.06.2024 passed by the
Collector, Ganjam. The name of the Petitioner is at Serial No.158
under Hinjilicut Block as an SEBC candidate. It is the submission
of the learned counsel for the Petitioner that the ground which has
been stated in the show cause is patently not applicable to the
Petitioner since his appointment was on account of absorption and
not by way of selection and in this context he relies on the recent
judgment of Coordinate Bench of this Court dated 09.07.2024
passed in W.P.(C) No.5838 of 2024.
5. Per contra, learned counsel for the State referring to the very
order of appointment at Annexure-3 more particularly the Clause
Nos.3 & 4 thereof which are extracted hereunder for convenience
of ready reference, opposes the prayer as made.
"3. They shall be abided by the Odisha Civil Service
Conduct Rules-1959 and shall be subject to the Odisha
Civil Service (Classification, control @ appeal Rules,
1962).
4. This appointment is subject to the reports regarding
pendency of vigilance/criminal case received from the
concerned authorities."
It is further submitted by the learned counsel for the State
that since the show cause has been called for it is premature for this
Court to entertain this writ petition.
6. Considering the submissions of learned counsels for the
parties, on a careful examination of the background facts as well as
materials on record, further taking into account the nature of
grievance and keeping in view the judgment of this Court referred
to hereinabove, this Court deems it proper to dispose of the writ
application by giving liberty to the Petitioner to submit a show
cause reply to the show cause notice order at Annexure-4, if the
same is still pending and not finalized, within a period of two
weeks from today before the Opposite Party No.3. In such
eventuality, the Opposite Party No.3 shall do well to consider in
accordance with law and dispose of the same within a period of six
weeks from the date of communication of a certified copy of
today's order by the Petitioner. The final decision so taken on the
show-cause reply by the Opposite Party No.3 be communicated to
the Petitioner within a week thereafter. It is further directed that no
coercive action shall be taken till disposal of the show-cause reply
of the Petitioner to the show-cause notice order at Annexure-4.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 22-Apr-2025 18:48:19
