Orissa High Court
Kailash Kumar Majhi vs Registrar on 21 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10504 of 2025
Kailash Kumar Majhi ..... Petitioner
Represented By Adv. -
Baidhar Sahoo
-versus-
Registrar, Cooperative Societies, ..... Opposite Parties
Odisha and others
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
21.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel 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:
"It is therefore prayed that this Hon'ble court
may graciously be pleased to;
i. Admit and allow the writ petition of the
petitioner and issue notice to the Opp. Parties;
ii. After hearing the parties, to quash / set-aside
the Order/Letter No.12, dated 04.09.2024 of the
President, Kusumi LAMPCS under Annexure-1
with order No.696 dated. 07.09.2024 of ARCS,
Kuchinda under Annexure-2.
iii. The Hon'ble Court may pass order the
suspension period of the petitioner is treated as
duty and he is entitled full salary during
suspension period.
iv. Direction may be issued to the Opp. Parties
No.1 to 4 to re-instate the petitioner in the
service as Managing Director of Kusumi
LAMPCS with all other consequential benefits
including service & financial benefits.
v. The Hon'ble Court may issued direction the
Opp. Party No.4 to release the arrear salary in
favour of the petitioner within time limit.
AND
vi. To pass such other orders / direction as
deemed fit and proper."
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Opposite Party No.4 under
Annexure-6. It is also submitted by the learned counsel for the
Petitioner that the said representation is pending as of now. It is also
submitted by the learned counsel for the Petitioner that a direction be
issued to the Opposite Party No.4 to consider the representation of
the Petitioner under Annexure-6 within a stipulated period of time.
5. Learned counsel for the State submits that he has no objection
if the representation of the Petitioner is considered by the Opposite
Party No.4, which is stated to be pending, in accordance with law
within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
the writ application is disposed of at the stage of admission with a
direction to the Opposite Party No.4 to consider the representation of
the Petitioner under Annexure-6, taking into consideration the
judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary
v. Union of India and Another reported in AIR 2015 SC 2389 as well
as the relevant Rules applicable to the case of the Petitioner, within a
period of four weeks from the date of production of certified copy of
this order. The Opposite Party No.4 shall do well to dispose of the
representation of the Petitioner under Annexure-6 by passing a
speaking and reasoned order. The decision so taken by the Opposite
Party No.4 be also 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.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signed by: SANTANU KUMAR ROUT Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 22-Apr-2025 18:52:06
