In this writ petition, the High Court held it was not appropriate to entertain the challenge when the rejection of the representation by the lower tribunal had not yet been contested. The petitioner was directed to file the challenge before the Tribunal, with pending writ period considered for condonation of delay.
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W.P.(C) No. 8184 of 2007
Heard learned counsel for the parties.
By way of this writ petition, the petitioner has challenged the order dated 10.5.2007, passed by the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No.2324(C) of 2004, whereby the learned Tribunal directed the opposite party no.2 to treat the O.A. as the representation of the petitioner and to pass reasoned order within four month and communicated the same to the petitioner.
On perusal of record, it is seen that pursuant to the said order dated 10.5.2007, the O.A. treated as representation of the petitioner was communicated to the Office of opposite party vide memo dated 17.05.2007. The said representation was rejected on 12.09.2007 (Annexure-B/2), which is the subject matter of challenge in this writ petition.
In that view of the matter, it will not appropriate to entertain this writ petition at this stage.
It will open for the petitioner to challenge the order rejecting the representation of the petitioner before the learned Tribunal.
However, if there is any delay in approaching the learned Tribunal, the period of pendency of the writ petition i.e. from 03.7.2007 till today will be taken into consideration for condoning the delay.
The writ petition stands disposed of accordingly.
2
In view of disposal of the writ petition, all the connected Misc.cases/I.As. if any are accordingly disposed of.
Issue urgent certified copy of this order as per rules.
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K.S. JHAVERI (CHIEF JUSTICE)
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K.R. MOHAPATRA (JUDGE)
mp
1 issue framed by the court
Whether the writ petition could be entertained when the petitioner had not yet challenged the order rejecting the representation before the Tribunal.
Petitioner
Opposite Party No.2
K.S. JHAVERI
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
