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Orissa High Court
Sarat Chandra Dash vs State Of Odisha And Others .... Opposite ... on 22 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14716 of 2019
Sarat Chandra Dash .... Petitioner
Mr. S.S. Pratap, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
(For Opposite Party Nos.1 and 3)
Mr. B.K. Sharma, Sr. Advocate
(For Corporation)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
22.12.2025
Order No.
07. This matter is taken up through hybrid mode.
2. Heard Mr. S.S. Pratap, learned Counsel for the Petitioner,
Mr. Behera, learned ASC for the State-Opposite Parties so also
Mr. B.K. Sharma, learned Senior Counsel for the Corporation.
3. Pursuant to order dated 11.11.2025, Mr. Behera, learned
ASC for the State submits, as per instruction received vide letter
No.21252 dated 16.12.2025 from the Government of Odisha,
Food Supplies and Consumer Welfare Department addressed to
the office of the learned Advocate General, the case of the
present Petitioner is squarely covered by the judgment dated
02.03.2023 passed in W.P.(C) (OA) No.3068 of 2018
(Bibekananda Mohanty Vs. State of Odisha & others) and
batch. Mr. Behera files a photocopy of the said letter along with
its enclosures, which be kept on record.
4. Accordingly, the impugned Office Order No.20772 dated
03.11.2018, so far as the present Petitioner is concerned, is
hereby set aside.
5. The matter is remitted back to the Opposite Party No.1 to
conduct the departmental proceeding afresh from the stage of
initiation of the same vide memorandum dated 25.04.2016.
6. It is made clear that the Petitioner shall be permitted to
take copies of the documents based on which the charges were
framed against him and file his written statement of defence
afresh within 15 days from the date of receipt of the said
documents.
7. It is made further clear that, after receipt of the written
statement of defence, if the Opp. Party No. 1 finds the same not
to be satisfactory and thereby intends to conduct an enquiry to
prove the charges brought against the Petitioner, it shall
appoint an Enquiry Officer afresh, who shall proceed further
and conclude the departmental proceeding following the
provisions enshrined under OCS (CCA) Rules, 1962, so also
principles of natural justice.
8. Since the proceeding is of the year 2016, Opposite Party
No. 1 shall do well to conclude the departmental proceeding by
the end of April, 2026, if there is no other legal impediment.
9. With the aforesaid observation and direction, the writ
petition stands allowed and disposed of.
10. Urgent certified copy of this order be granted on proper
application as per rule.
(S. K. Mishra)
Prasant Judge
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 23-Dec-2025 16:08:58
