Fayaz Ali vs State Of Odisha & Ors. .......... ...
2025 Latest Caselaw 2052 Ori

Orissa High Court

Fayaz Ali vs State Of Odisha & Ors. .......... ... on 2 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   W.P.(C) No. 31382 of 2024
                              Fayaz Ali                                   ........   Petitioner(s)
                                                                             Mr. Nihal Rath, Adv.
                                                      -Versus-
                              State of Odisha & Ors.              .......... Opposite Parties
                                                                     Mr. M.K. Mohanty, ASC
                                                                                          .
                                          CORAM:
                                          DR. JUSTICE S.K. PANIGRAHI
                                                      ORDER

02.01.2025 Order No.

01. 1. This matter is taken up through a hybrid arrangement.

2. Heard.

3. In this Writ Petition, the Petitioner has challenged the inaction

of the Opposite Parties to revoke the order of dismissal dated

19.01.2013 and to treat him as a retired employee with effect

from 31.07.2023 by reinstating him in service from the date of

his dismissal i.e. 19.01.2013 with all other consequential benefits

including pension.

4. Learned counsel for the Petitioner submits that the Petitioner

was acquitted from the charges vide judgment dated 14.05.2024

passed by this Court in CRLA No.447 of 2012 setting aside the

Signed by: LITARAM MURMU judgment of conviction dated 31.07.2012 passed by the learned

Location: OHC Special Judge (Vigilance), Bhawanipatna. He further submits Date: 03-Jan-2025 18:41:15

that the Petitioner's case is squarely covered by the judgment

passed by the Supreme Court in Ramlal vs. State of Rajasthan

in Civil Appeal No.7935 of 2023 wherein it has been held that

the conviction has been set aside and the delinquent employee

has been reinstated and granted retiral benefit and other service

benefits to him.

5. In view of the above, let notice be issued to the Opposite

Parties.

6. Learned counsel for the State waives of notice on behalf of the

Opposite Party Nos.1 to 3. Let three extra copies of the Writ

Petition be served on him in order to enable him to take

instruction in the matter.

7. Learned counsel for the Petitioner is directed to serve an extra

copy of the Writ Petition on Mr. S.K. Patra, learned counsel who

usually appears on behalf of the Accountant General within

three days from today.

8. List this matter on 11th February, 2025.

( Dr. S.K. Panigrahi) Judge