Accordingly, on the ground of violation of rules of natural justice an
d the rules framed under the O.A.T. Act and due to non-service of notice on necessary party, w
e quash the impugned order dated 18.12.2015 passed by the Odisha Administrative Tribunal, Bhub
aneswar in O.A. No.1236 of 2014 under Annexure-4 not on merit but, on the ground as noted here
inabove and remit the matter back to the Tribunal for reconsideration afresh in accordance wit
h law. Since the writ petitioner is now aware of the proceeding against her, no fresh notice n
eed be issued to her and she shall be at liberty to file a counter affidavit, if any, within a
period of four weeks from today before the Tribunal. The matter shall proceed thereafter with
out being influenced in any manner by the observations made by us in the present writ applicat
ion. The L.C.R. be remitted back to the Tribunal immediately. The Tribunal shall do well to ta
ke up the matter expeditiously and dispose of the same as early as possible.
With the aforesaid observations and directions, the writ application i
s disposed of.
Free copy of this order be handed over to the learned Standing Counsel
for the School & Mass Education Department for necessary communication.
Urgent certified copy of this order be granted on proper application.
..
I. Mahanty, J.
.......
Biswajit Mohanty, J.
05. 09.09.2016 Misc. Case No.4841 of 2016
In view of the order passed today in W.P.(C) No.5237 of 2016, this Mis
c. Case is disposed of.
..
I. Mahanty, J.
.....
Biswajit M
ohanty, J.