Orissa High Court
Dr. Bachaspati Dash vs State Of Odisha & Ors. ..... Opposite ... on 19 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16602 of 2025
Dr. Bachaspati Dash ..... Petitioner
Represented By Adv. -
Swapna Kumar Ojha
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
C.M. Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
19.06.2025
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-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"Under the facts and circumstances stated above,
the Petitioner most humbly and respectfully prays that
the Hon'ble Court may graciously be pleased to issue a
writ of certiorari or any other appropriate writ/order
quashing the order of removal dated 03.06.2021, under
Annexure-3 issued by Opp.Party no.2 and a writ in the
nature of Mandamus shall not be issued directing the
Opp.Parties to extend all such consequential and
financial service benefits forthwith;
If the Opp.Parties failed to show cause or show
insufficient cause, the rules may be made absolute.
And further be pleased to pass any other order/
orders as deemed fit and proper."
4. In course of hearing, learned counsel for the Petitioner
submits that the Petitioner may be granted liberty to file a fresh
representation ventilating his grievance before the Chief
Secretary to Govt. of Odisha, Seva Bhawan, Bhubaneswar,
Opposite Party No.1 which may be considered within a
stipulated period of time in accordance with law.
5. Learned Additional Standing Counsel on the other hand
submits that he has no objection if liberty is granted to the
Petitioner to file a fresh representation before the Opposite Party
No.1 and the same is considered and disposed of in accordance
with law.
6. Having heard the learned counsels appearing for the
respective parties, on a careful examination of the factual
background as well as materials on record, further keeping in
view the fact that the Petitioner has been acquitted in the
meantime and thereof he has not approached the Opposite
Parties, this Court deems it proper to dispose of the writ
application at the stage of admission by granting liberty to the
Petitioner to approach the Opposite Party No.1 by filing a
detailed representation taking therein all the grounds along with
all supporting documents along with a certified copy of this order
within a period of two weeks from today. In such eventuality, the
Opposite Party No.1 shall do well to consider the representation
of the Petitioner keeping in view the law laid down the judgment
of the Hon'ble Supreme Court in Ram Lal vs. State of Rajasthan
& Ors. reported in (2024) 1 SCC 175 and in Smt. Nirmala
Sahoo vs. State of Odisha & Ors. in W.P.(C) No.25947 of 2022
judgment dated 24.03.2023 and dispose of the representation of
the Petitioner by a speaking and reasoned order within a period
of eight weeks from the date of communication of a certified
copy of today's order. The final decision so taken be
communicated to the Petitioner within a period of ten days from
the date of taking such a decision.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Page 3 of 3.
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 20-Jun-2025 14:10:00
