Orissa High Court
Swayandipta Sahoo vs State Of Odisha And Others ..... ... on 8 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.17592 of 2025
Swayandipta Sahoo ..... Petitioner
Represented By Adv. -
Mr. Prafulla Kumar
Mohapatra
-versus-
State of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. U.R. Jena, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
08.07.2025
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
Additional Standing Counsel for the State. Perused the Writ
Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"Under the aforesaid facts and
circumstances, it is therefore, prayed that this
Hon'ble Court may graciously be pleased to:
(i) quash the Order, dated 02.02.2024 vide
Annexure-4 and thereby treat the period of
suspension, i.e. 09.07.2021 to 29.01.2024 as duty
for all purpose and extend the benefits as due and
admissible, in view of the decisions in the case of
Bani Bhusan Dash -Vrs.- State of Odisha & Others,
reported in 2021(111) ILR -CUT -528 and Dr.
Smita Mohanty -Vrs.- State of Odisha & Others
[WPC (OA)No.2585/2016], vide Annexure-6;
(ii) pass such other order(s) or issue direction(s) as
may be deemed fit and proper in the bona fide
interest of justice."
4. It is submitted by the learned counsel for the Petitioner that
the Petitioner has approached this Court being aggrieved by the
order dated 02.02.2024 under Annexure-4 whereby the
Opposite Parties have concluded the Disciplinary Proceeding by
imposing certain punishments on the Petitioner. Further, learned
counsel for the Petitioner submitted that while imposing
punishment the Petitioner has been awarded withhold three
increments without cumulative effect and the period of
suspension from 09.07.2021 to 29.01.2024 is directed to be
treated as such. Further, referring to the judgment of this Court
in Bani Bhusan Dash-versus State of Odisha and others
decided in W.P.(C) No.7635 of 2019 vide judgment dated
28.10.2021, learned counsel for the Petitioner submitted that
the coordinate Bench of this Court while considering an identical
issue has concluded that the period of suspension is not be
treated as such and the same is to be treated as on duty. He
further contended that the Opposite Parties-Disciplinary
Authority has committed illegality by treating the suspension
period as such. It was further contended that in the case of Bani
Bhusan Dash, the coordinate Bench while considering the
aforesaid aspect has come to a conclusion that the period of
suspension cannot be treated as leave as due and admissible or as
such the same is not provided under the OCS(CCA) Rules, 1962.
5. Learned Additional Standing Counsel for the State on the
other hand contended that the aforesaid judgment of this Court
in Bani Bhusan Dash's has not been brought to the notice of
the Disciplinary Authority. Further, he contended that in the
event the Petitioner is aggrieved by the imposition of
punishment, the order is an appelable order. Therefore, it was
contended by the learned Additional Standing Counsel that the
Petitioner should have raised the aforesaid ground either before
the Disciplinary Authority or, later before the appellate
authority. Since the Petitioner has raised the same ground in
appeal, it is open to the Petitioner to raise the same ground in the
present Writ Petition. On such ground, it was submitted by the
learned Additional Standing counsel for the State, the Writ
Petition may be disposed of with a direction to the authority to
take a decision in accordance with law.
6. Having heard learned counsels for the respective parties,
on careful examination of the factual background of the present
case as well as taking note of the principle laid down by this
Court in Bani Bhusan Dash (supra), this Court deems it proper
to dispose of the Writ Petition at the stage of admission by
directing the Petitioner to approach the appellate authority along
with a copy of the judgment in Bani Bhusan Dash's case
(supra). In such eventuality, learned appellate authority shall
pass necessary orders in accordance with law, within two
months from the date of communication of the order by the
Petitioner. It is needless to mention here that while considering
the case of the Petitioner the appellate authority shall not be
influenced by the previous order dated 02.02.2024 under
Annexure-4.
7. With the aforesaid observation/direction, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Debasis
