Remanded

Baijayanti Pradhan v. Adm,Ganjam

Orissa HC3 Aug 2015WP(C)/15194/2012

Case brief

AI extract

What is this about?

The petitioner challenged the rejection of an appeal against the selection of an Anganwadi worker as time-barred. Due to a Bar association strike preventing timely filing, the court ordered the matter remanded to the Additional District Magistrate to decide the appeal on merits within ten weeks.

What did the court decide?

Matter remitted to the Additional District Magistrate, Ganjam, to decide the appeal after hearing parties within ten weeks.

Petitioner has challenged the order dated 21.5.2012 passed by the A.D.M.,Ganjam by which appea l preferred by the petitioner has been rejected being time barred since appeal has been filed after stipulated time granted by this Court in W.P.(C) No.13123 of 2010.

It has been submitted by learned counsel for the petitioner that petit ioner has come to this Court challenging the selection process of engagement of Anganwadi Wrok er vide W.P.(C) No.13123 of 2010 whereby and whereunder this Court has directed the petitioner to file appeal within seven days from the date of receipt of order but due to some unavoidabl e circumstances going on in the district, i.e. strike having been called for by members of the Bar of the concerned district, appeal has not been filed within the period of seven days.

It has been contended that the petitioner has brought this fact to the knowledge of the A.D.M., Ganjam to decide the appeal on merit. The appellate authority witho ut considering the unavoidable circumstances has rejected the appeal without touching merit of the case.

On the other hand learned counsel for the State has submitted that t here is no infirmity in the order because the A.D.M. is duty bound to follow direction passed by this Court since this Court has passed order for preferring appeal within seven days but it has not been filed within the said period.

Learned counsel for the State has refuted the argument advanced by lea rned counsel for the petitioner that if assuming that there is strike having been called for by the local members of the Bar, then the petitioner could have approached the appellate autho rity in the personal capacity.

There is no dispute that the petitioner has approached this Court for challenging selection of the opposite party no.3 by raising her grievance regarding illegality having been committed by the selection process. This Court after hearing the parties has dir ected the petitioner to prefer appeal before the A.D.M., Ganjam, appeal to be filed within sev en days. Appeal has not been filed within the time granted and on that ground the A.D.M. has rejected the appeal.

It is correct that the A.D.M. is duty bound to follow direction of thi s Court and as such it cannot be said that the A.D.M. has committed any illegality, but keepi ng the fact into consideration that the issue on merit has not been decided it cannot remaine d to be undecided which affect the rights of the parties hence matter requires to be considere d by the A.D.M. concerned.

In view of the above, matter is remitted before the Additional Distric t Magistrate, Ganjam to decide the appeal after hearing all the parties within reasonable peri od preferably within period of ten weeks from the date of receipt of certified copy of this or der.

Baijayanti Pradhan v. Adm,Ganjam

Case brief

What is this about?

What did the court decide?

Baijayanti Pradhan v. Adm,Ganjam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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