Orissa High Court
National Institute Of Fashion vs Dina Ballav Sahoo .... Opposite Parties on 4 March, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6048 of 2025
National Institute of Fashion .... Petitioner
Technology, Bhubaneswar
Mr. Saswat Kumar Acharya, Advocate
-versus-
1. Dina Ballav Sahoo .... Opposite Parties
2. Union of India
Mr. P.K. Parhi, DSGI
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 04.03.2025
01. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
This writ petition has been filed by the petitioner-National Institute
of Fashion Technology, Bhubaneswar challenging the orders dated
30.12.2024 and 07.02.2025 passed by the learned Central Administrative
Tribunal, Cuttack Bench, Cuttack in O.A. No. 769 of 2024.
Learned counsel for the petitioner referring to Annexure 7 which is
the order dated 10.12.2024 passed in O.A. No. 236 of 2021 which was
filed by the opposite party no.1-Dina Ballav Sahoo wherein he had
prayed for regularization of the service and submits that the said O.A.
was dismissed. Learned counsel further submits that after the
pronouncement of the judgment, termination order was issued against the
opposite party no.1 on 11th December, 2024 which was impugned in O.A.
No. 769 of 2024 by the opposite party no.1. While entertaining this
Original Application, learned Tribunal has been pleased to pass an
interim order on 30.12.2024 directing that the impugned order dated
11.12.2024 shall not be given effect to and as a consequence the opposite
party no.1 shall be allowed to continue as he was prior to the impugned
order till the next date.
Learned counsel further submits that the petitioner entered
appearance in the said case and filed an application for vacation of the
interim order passed on 30.12.2024 which was registered as M.A. No. 08
of 2025. However, learned Tribunal disposed of the said M.A. on
07.02.2025 by dismissing the same and posted the matter on 21.03.2025
after completion of pleadings - after filing of counter and rejoinder by the
parties and the interim order passed on 30.12.2024 was made absolute till
final disposal of the O.A.
Learned counsel for the petitioner submits that in the impugned
order dated 07.02.2025 though it was mentioned that counter and
rejoinder affidavit are to be filed but the order sheet dated 13.01.2025 so
also 24.01.2025 would indicate that not only the counter affidavit but also
the rejoinder has already been filed. Referring to the judgment/ order of
the Hon'ble Supreme Court in the case of State of Haryana vrs. Suman
Dutta reported in (2000) 10 SCC 311, learned counsel further submits
that if by an impugned order employees are allowed to continue in
service and ultimately the writ petition is dismissed than it would amount
to usurpation of public office without any right to the same.
Another decision the learned counsel for the petitioner has placed
reliance on in the case of State of Uttar Pradesh vrs. Sandeep Kumar
Balmiki reported in (2009) 17 SCC 555, wherein it has been held that the
interim order passed by the High Court in staying the order of
termination of service is not permissible as it would amount to granting
final relief at the interim stage. Both the decisions are taken on record.
Issue notice on the question of admission indicating therein that the
matter shall be disposed of at the stage of admission.
Learned counsel for the Union of India accepts notice on behalf of
the opposite party no.2. An extra copy of the writ petition be served on
the learned counsel for the Union of India by 07.02.2025.
So far as opposite party no.1 is concerned, requisites for issuance
of notice to it by Speed Post with proof of delivery shall be filed within a
week. The notice be made returnable within four weeks.
List this matter in the week commencing 02.04.2025.
(S.K. Sahoo)
Judge
(Savitri Ratho)
Judge
02. Heard learned counsel for the petitioner.
There shall be stay of the operation of the impugned orders dated
30.12.2024 and 07.02.2025 passed by the learned Central Administrative
Tribunal, Cuttack Bench, Cuttack in O.A. No. 769 of 2024 until further
orders.
It is made clear that pendency of this writ petition before this Court
would not be a bar for the learned Central Administrative Tribunal to take
up the final hearing of O.A. No. 769 of 2024 on merit as it seems that
pleadings are complete.
(S.K. Sahoo)
Judge
puspa/sukanta
Judge
Signed by: PUSPANJALI MOHAPATRA
Reason: Authentication
Location: Orissa High Court
Date: 04-Mar-2025 17:58:12
