The Court held the writ petition not maintainable as the petitioner failed to prefer an appeal against dismissal as per service rules. The petition was disposed of with liberty to withdraw and prefer an appeal before the appellate authority.
Petitioner given liberty to withdraw the writ petition with liberty to prefer an appeal within two weeks.
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W.P.(C) No. 3494 of 2010
05 20.03.2019
Heard learned counsel for the parties.
The petitioner has filed this application to quash the order dated 26.09.2018 in Annexure-19 and the Enquiry Report with the departmental proceeding as per Annexure1 and further seeks for a direction to opposite party no.1 to reinstate the petitioner in his service and to pay the arrears with interest.
Learned counsel for the petitioner submits that the petitioner approached the industrial forum claiming the arrear wages. The petition was allowed directing the opposite parties to pay Rs.74,444/- towards wages for the disputed period and deposit of Rs.9468/- towards E.P.F. Challenging the said order, the opposite party filed W.P.(C) No. 2047 of 2007 and this Court dismissed the said writ application. In the meantime, the petitioner was dismissed from service. Against which, this present application has been filed.
Mr. P.K. Pattnaik, learned counsel for opposite parties submits that against the order of dismissal, appeal lies. Instead of availing the same, the petitioner approached this Court by filing this application. Therefore, the writ petition is not maintainable.
Considering the contention raised by learned counsel for the parties and after going through the records it appears that since the petitioner has not preferred appeal against the order of dismissal filed by the authority as required under the service rules, this Court is not inclined to entertain this application.
In course of hearing, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this writ petition with liberty to the petitioner to prefer appeal.
This writ petition is disposed of accordingly, with liberty to the petitioner to prefer appeal. If such appeal is preferred within two weeks from today, the appellate authority shall consider and dispose of the same by passing a reasoned and speaking of order as expeditiously as possible by affording opportunity of hearing to the parties.
With the above observation and direction, the writ petition stands disposed of.
…………………………..
Dr. B.R. Sarangi, J.
Ajaya
2 issues framed by the court
Whether the writ petition is maintainable when an appeal against dismissal lies under service rules and has not been preferred.
Whether the petitioner be permitted to withdraw the writ petition with liberty to prefer an appeal.
Petitioner
Opposite parties
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
