Quashed

Gunanidhi Chhatria v. Govt.of Orissa

Orissa HC2 Nov 2016OJC/8744/1993

Case brief

AI extract

What is this about?

The Court quashed an order passed under Section 62 of the O.P.D.R. Act because the Certificate Officer failed to issue notice to the petitioner, violating natural justice principles. The matter was remitted for fresh proceedings with notice.

What did the court decide?

Order impugned under Section 62 of O.P.D.R. Act quashed; matter remitted to Certificate Officer for fresh proceedings after notice to petitioner.

Gunanidhi Chhatria Vs Govt.of Orissa — Pension and Retirement Benefits | Orissa HC (2016)

¶1

O.J.C. NO. 8744 of 1993

¶2

10. 02.11.2016 Heard.

¶3

 The petitioner has filed this O.J.C. challenging the action of the Certificate
 Officer- O.P. No.2 in reviewing his earlier order invoking the power under Section 62 of the
O.P.D.R. Act without sending any notice to the petitioner.

¶4

 Learned Addl. Government Advocate does not dispute the submission of the learn
ed counsel for the petitioner on facts.

¶5

 It is well established that the Certificate Officer is a quashi-judicial autho
rity and any order passed by him is to be addressed by principles of natural justice. The impu
gned order vide Annexure- 3 having been passed without noticing the petitioner, the same is qu
ashed and the matter is remitted back to the Certificate Officer- O.P. No.2 for exercise of hi
s power U/S. 62 of the O.P.D.R. Act afresh, after giving notice to the petitioner.

¶6

 In order to save time, the petitioner and the Certificate holder- O.P. No.3 ar
e directed to remain present in person or through their representatives before the Certificate
 Officer on 06.12.2016. No fresh notice need be issued to any of the parties. Any pleadings or
 show-cause proposed to be filed by them, should be filed within three weeks from 06.12.2016 a
nd the matter be disposed of within three months of the date of filing of the pleadings/show-c
ause.

¶7

 The O.J.C. is accordingly disposed of.

¶8

 .
 Subha C.R. Dash, J.

¶9

Gunanidhi Chhatria v. Govt.of Orissa

Case brief

What is this about?

What did the court decide?

Gunanidhi Chhatria v. Govt.of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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