Orissa High Court
Pradeep Kumar Sahu vs State Of Odisha ..... Opposite Parties on 8 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.12893 of 2025
Pradeep Kumar Sahu ..... Petitioner
Represented By Adv. -
Shashi Bhusan Jena
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
J.K. Bal, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.05.2025
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
counsel for the State.
3. The present writ petition has been filed by the Petitioner
with the following prayer:-
"Under the abovementioned facts and
circumstances of the case, this Hon'ble Court may
graciously be pleased to issue a writ of mandamus or
any other appropriate writ/writs by directing the
0pp.Party to revoke the order of suspension issued
vide office order no.l9269/PR&DW dated.23.08.2024
under Annexure-2 in terms of Judgment of Hon'ble
Supreme Court in Ajay Kumar Choudhury vrs Union
of India in Civil Appeal No. 1912/2015 (Arising out of
SLP No.31761 of 2013)
And further be pleased to direct the opp.party to
reinstate the petitioner in his service and allow him to
continue till his retirement i.e. till 30.06.2027.
And further be pleased to direct the Opp.Parties
to pay the differential amount w.e.f. 8.8.2024 till his
retirement.
Or pass any order/orders as case may be deemed
fit and proper in the interest of justice and equity."
4. It is submitted by learned counsel for the Petitioner that the
Petitioner has been placed under suspension since 08.08.2024. In
the meantime, no proceeding has been initiated against the
Petitioner and memorandum of charge has not been filed.
However, the petitioner has not been reinstated and the proceeding
has not progressing. In this context, learned counsel for the
Petitioner draws attention of this Court in the case of Ajay Kumar
Choudhary vrs. Union of India through its Secretary and
another decided on 16.02.2015 by the Hon'ble Supreme Court of
India in Civil Appeal No.1912 of 2015 arising out of SLP(C)
No.31761 of 2013, which is filed under Annexure-4 to the writ
petition.
5. In such view of the matter, learned counsel for the
Petitioner submits that the Petitioner has submitted a
representation along with the judgment passed by the Hon'ble
Supreme Court of India before the Commissioner-cum-Principal
Secretary, Excise Department-Opposite Party and the said
Opposite Party has not considered the same as of now.
6. Learned counsel for the State submits that he has no
objection, if a direction is given to the authorities to consider the
representation of the Petitioner and take decision in the case of
Ajay Kumar Choudhary vrs. Union of India through its
Secretary and another decided on 16.02.2015 by the Hon'ble
Supreme Court of India in Civil Appeal No.1912 of 2015 arising
out of SLP(C) No.31761 of 2013 within a stipulated period of
time.
7. Considering the limited nature of grievance, this Court
disposes of the writ petition at the stage of admission with a
direction to the Commissioner-cum-Principal Secretary, PR &
DW Department-Opposite Party to consider the representation of
the Petitioner dated 15.04.2025 under Annexure-8 within a period
of two months from the date of production of certified copy of this
order in accordance with law. In the event it is found that the case
of the Petitioner came in the light of judgment passed by the
Hon'ble Supreme Court of India Ajay Kumar Choudhary vrs.
Union of India through its Secretary and another(supra). It is
needless to mention here that the representation of the Petitioner
shall be considered by a speaking and reasoned order on the same.
Any decision taken on the same shall be communicated to the
Petitioner within a period of ten days thereafter.
8. With the aforesaid observations/ directions, the writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-May-2025 17:33:42
