The Bench dismissed the writ appeal holding that the writ petition was fundamentally defective as the petitioner (Governing Body) could not pray for itself to function as the Drawing Disbursing Officer of the College.
Writ appeal dismissed; prayer for declaring the petitioner as DDO not granted.
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W.A. No. 225 of 2016
06.03.2017 The writ petition was filed by the Governing Body of the College through the principal
with the following prayer:
a writ of mandamus or an appropriate writ be issued commanding the O.Ps. to declare/allow the
petitioner to function as DDO in respect of +3 wing of the said College for the purpose of dra
wal and disbursement of salary in favour of the approved staff of +3 wing.
The prayer itself is totally defective in the sense that the petitioner, which is the
Governing Body of the College, is seeking to function as the Drawing Disbursing Officer in res
pect of +3 wing of the College. Whereas, the College itself was the petitioner and the College
cannot pray that it itself should be the Drawing Disbursing Officer of the College. As such,
it is not understood as to what the petitioner, which is the College, wants and why the Colleg
e should come forward with the prayer for permitting itself to be the Drawing and Disbursing O
fficer of the College. The prayer in the writ petition itself being fundamentally defective, t
he relief as prayed for in the writ petition does not deserve to be granted. As such, the dism
issal of the writ petition by learned Single Judge cannot be faulted.
The writ appeal is dismissed.
(VINEET SARAN)
.....Ajaya/GDS
(Dr. B.R. SARANGI)
JUDGE
1 issue framed by the court
Whether a writ petition prayed for in a defective form, where the petitioner seeks to function as the Drawing Disbursing Officer of the same entity, deserves to be allowed?
Governing Body of the College
Office Petitioners
Vineet Saran
Dr. B.R. Sarangi
As recorded by the court registry
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