Disposed

Padmanav Sethy v. State of Odisha

Orissa HC14 Jul 2017WP(C)/6727/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the Odisha Administrative Tribunal's order. Due to disputed facts beyond the record, the Court directed the Director, Elementary Education, Bhubaneswar, to conduct an inquiry and provide a hearing opportunity to the petitioner regarding grievances.

What did the court decide?

Directed Director, Elementary Education, Bhubaneswar to inquire into the matter and give opportunity of hearing to petitioner.

2. This Writ Petition has been filed by the petitioner challenging the common order dated 27.01.2017 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. Nos.3 032 (C) of 2011 and O.A. No.3341 (C) of 2010.

3. The learned counsel for the petitioner submitted that the Tribunal has not considered the case of the applicant in its proper perspective and recorded the conclusion on an erroneou s impression. The documents filed by the opposite party-respondents before the Tribunal are no t communicated to the petitioner. 4. The learned Standing Counsel for the School & Mass Education Department however justif ying the action of the authority as well as support the impugned order. He further contended t hat even though the Sub-Inspector of Schools offered the order issued by the authority, the pe titioner has refused to receive the same. 5. In the present writ petition opposite parties have filed their counter affidav it. Petitioner has also field rejoinder affidavit and annexed some further documents which are not part of the record in the original application. As both the parties raised disputed quest ions of facts which are beyond the records, we are not inclined to go into all those controver sy. Therefore, it is deem just and proper to direct

the Director, Elementary Education, Bhubaneswar to enquire into matter. Accordingly, we dispos e of the writ petition with a direction to Director, Elementary Education, Bhubaneswar to enqu ire into the matter and give an opportunity of hearing to the petitioner regarding his grievan ce from 2009 onwards as well as the administrative decision taken by the authority. For conven ience, the petitioner shall appear before him on 27th July, 2017 and produce all the relevant documents. On his appearance the Director shall fix a date of hearing, call for the records fr om the concerned authorities and take consequential steps in accordance with the law. The abov e exercise shall be completed within a period of two months.

Padmanav Sethy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Padmanav Sethy v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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