Santanu Kumar Sahoo vs State Of Odisha .... Opposite Parties
2025 Latest Caselaw 11475 Ori

Orissa High Court

Santanu Kumar Sahoo vs State Of Odisha .... Opposite Parties on 18 December, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 15150 of 2021

             Santanu Kumar Sahoo            ....           Petitioner
                                      Mr. K.P. Mishra, Sr. Advocate

                                      -versus-

             1. State of Odisha        ....         Opposite Parties
             2. Director of Fisheries,
                Odisha, Cuttack
             3. Collector & District
                Magistrate, Angul
             4. Secretary, Odisha
                Public Service
                Commission, Cuttack
                                                 Mr. C.R. Swain, AGA

                             CORAM: JUSTICE V. NARASINGH

                                     ORDER

18.12.2025 Order No.

21. 1. This matter was heard further.

2. During the course of hearing, learned Senior Counsel appearing for the Petitioner, Mr. Mishra submits that in terms of Rule 71(a) of the Orissa Service Code read with guidelines, by the date of initiation of the review to dispense with the services of the Petitioner he has crossed the age bar of 55 years, his date of birth being 18.04.1963. As such the very initiation of the process for treating him as deadwood having admittedly commenced on his attaining 57 years 10 months and 50 days is ex facie illegal.

3. It is the further submission of the learned Senior Counsel that though this aspect has not been specifically pleaded, there is no embargo from raising it at this stage, since it is a question of law, and it is his further submission that it is trite that there are no fetters on the appreciation by this Court when a question of law is raised and in this context he also relies on the judgment of this Court in the case of Ratnakar Sethy vs. State of Odisha and others, in W.P.(C) No.12438 of 2022 (disposed of on 25.11.2025).

4. He seeks a short adjournment to place on record the date of birth, date of retirement and date of initiation of the proceeding, which according to this Court, have a direct bearing on the point at issue. Accordingly, the affidavit be filed by tomorrow.

5. List this matter on 19.12.2025 under the same heading.

(V. Narasingh) Judge PKS

Signed by: PRADEEP KUMAR SWAIN

Location: Orissa High Court, Cuttack Date: 18-Dec-2025 16:47:31