Pitambar Behera vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 4284 Ori

Orissa High Court

Pitambar Behera vs State Of Odisha & Ors. ..... Opposite ... on 20 February, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.5276 of 2025
            Pitambar Behera              .....       Petitioner
                                                          Represented By Adv. -
                                                          Krishna Chandra Sahu

                                         -versus-
            State Of Odisha & Ors.              .....          Opposite Parties
                                                          Represented By Adv. -
                                                          S.K. Parhi, A.S.C.

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA

                                        ORDER

20.02.2025 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 counsel for the State. Perused the writ application as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner challenging continuance of the Disciplinary Proceeding which was initiated more than two decades ago and after retirement of the Petitioner from service in the meantime. Learned counsel for the Petitioner further submitted that the Disciplinary Proceeding continuing against the Petitioner is liable to be quashed only on the ground of delay. In support of such contended, learned counsel for the petitioner referred to the judgment of the Hon'ble Supreme Court reported in 2006 AIR(SC) 207 in the case of P.V. Mahadevan vs. M.D., Tamil Nadu Housing Board as well as the judgment of this

Court reported in 2024 (III) ILR CUT-749 in the case of Basanta Kumar Martha vs. State of Odisha & Ors.

4. Considering the submissions made by the learned counsel for the Petitioner, on a careful examination of the factual background, this Court is of the view that the matter requires further hearing, issue notice on the question of admission to the Opposite Parties.

5. Mr. Jena, learned Additional Standing Counsel for State- Opposite Party accepts notice on behalf of Opposite Party No.1, let an extra copy of the brief be served on him within a week.

6. Issue notice to Opposite Party Nos.2 and 3. Extra copies of the writ application be served on any of the associates of Mr.S.K.Mishra, learned Senior Counsel, who usually appears for the Odisha State Civil Supplies Corporation Ltd.

7. Counter affidavit, if any, be filed within four weeks.

8. List this matter in the week commencing 24.03.2025.

9. Heard.

10. Issue notice as above.

11. As an interim measure, it is directed that further proceeding pursuant to Annexures-2 and 4 shall remain stayed till the next date.

( A.K. Mohapatra ) Judge Anil

Location: High Court of Orissa Date: 21-Feb-2025 14:49:29