Giridhari Bag vs State Of Odisha & Others
2025 Latest Caselaw 1905 Ori

Orissa High Court

Giridhari Bag vs State Of Odisha & Others on 30 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                      WP(C ) No.20832 of 2025
        Giridhari Bag                ....                    Petitioner
                                              Mr. S.S. Singhdeo, Adv.
                                  -versus-
        State of Odisha & Others
                                     ....              Opposite Party
                                             Mr. M.R. Mohanty, AGA

                            CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

Order No.                                30.07.2025
      01.   1.    This matter is taken up through Hybrid Arrangement
            (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the parties.

3. Since the present Writ Petition has been inter alia with the following prayer:

Hence, it is graciously prayed this Hon'ble Court may graciously be pleased to admit the present Writ Application, issue rule nisi, in the nature of mandamus calling upon the opposite parties to show cause as to why the letter Annexure-5 shall not be admitted and further as to why the Petitioner shall not be given chance of appointment as Sepoy in the OSAP 3rd Battalion Koraput as per the rule of Orissa State Arms Police.

And in the event if the opposite parties fail to how cause or show in sufficient cause the said rule be made absolute and the letter under Annexure-5 be admitted and further the Petitioner grievances and the representation application as annexure-5 may be disposed of which such as such direction.

And further be pleased to pass any other order/order(s)/direction/direction(s) as would be deem fit and proper.

And for this act of kindness, the Petitioner as in duty bound ever pray.

// 2 //

4. It is contended that Petitioner was dismissed from his services w.e.f 21.05.2002, but thereafter claim of the Petitioner for his re-instatement is not being considered.

5. Learned Addl. Govt. Advocate on the other hand contended that such order of dismissal was the subject matter of challenge before this Court in W.P.C (OAS) No.737 of 2005. The Writ Petition was not only dismissed vide order dt.27.01.2023 but also it was confirmed in Writ Appeal No.1627 of 2023 vide order under Annexure-2.

5.1. It is contended that since the order of dismissal has been confirmed by this Court in its order under Annexures-1 & 2, claim of the Petitioner so made in Annexure-5 is not entertainable.

6. Having heard learned counsel for the parties sand considering the submission made, this Court finds that challenging the order of dismissal, approach made by the Petitioner in WPC (OAS) No.737 of 2005 was not entertained with dismissal of the Writ Petition vide order dt.27.01.2023 under Annexure-1. The said order was confirmed in Writ Appeal No.1627 of 2023 vide judgment dt.06.03.2025.

7. In view of the same, this Court is not inclined to entertain the Writ Petition for consideration of the Petitioner's claim for re- instatement.

8. The Writ Petition accordingly stands dismissed.

(Biraja Prasanna Satapathy) Judge Signature Notsangita Verified Digitally Signed Signed by: SANGITA PATRA Reason: authenticaton of order

Date: 31-Jul-2025 11:23:16