Disposed

Minaketana Nag v. Re Sttelement and Rehabilitation Officer, Upeer Indravati Project Cum Additional Dist Magistrate

Orissa HC1 Oct 2021CONTC(CPC)/1615/1994

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK…

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Minaketana Nag Vs Re Sttelement and Rehabilitation Officer, Upeer Indravati Project Cum Additional Dist Magistrate — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC (CPC) No. 1615 of 1994

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Minaketana Nag …. Petitioner

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-Versus -

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Re-Settlement and Rehabilitation …. Officer, Upper Indravatai Project-cum-ADM, Khatiguda, Nawarangpur & Ors.

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Opposite Parties

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Mr. M.K. Balabantaray, Standing Counsel for the State Ms. Sarita Maharana, Advocate for OHPC

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Order No. 01

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CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
01.10.2021
This matter is taken up through hybrid mode.
2. As prayed for by Mr. Rajib Rath, learned counsel, his
appearance on behalf of the petitioner is ignored.

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Ms. Sarita Maharana, learned counsel states that she has entered appearance on behalf of OHPC and has already filed vakalatnama before the Registry, which may be tagged to this case.

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The petitioner has filed this application against noncompliance of order passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1615 (C) of 1994.

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Page 1 of 2

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A show cause affidavit has been filed stating inter alia that the petitioner was found absent from duty and, therefore, he could not be given re-appointment order as per the judgment of the tribunal. So also the petitioner had never made any representation to opposite party no.1 for reappointment. It is further stated that the petitioner having remained absent from his duty w.e.f. 01.04.1994, all of a sudden he appeared on 26.04.1994 and forcibly tried to sign the attendance register from the back date, which was disallowed by Asst. Rehabilitation and Re-Settlement Officer. Thereby, he abused such officer. Consequentially, for misbehavior of the petitioner, an FIR was lodged in Khatiguda P.S. on 26.04.1994 under Sections 294 and 448, IPC, pursuant to which he was arrested and enlarged on bail.

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In view of such position, since petitioner had remained absent from duty, his case should not have been considered for giving re-appointment, as claimed by him. That apart, the petitioner, as it appears, has already attained the age of superannuation. Therefore, this Court is not inclined to interfere with the matter.

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The contempt proceeding is accordingly dropped.

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GDS

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(Dr. B.R. Sarangi) Judge

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Minaketana Nag v. Re Sttelement and Rehabilitation Officer, Upeer Indravati Project Cum Additional Dist Magistrate

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Minaketana Nag v. Re Sttelement and Rehabilitation Officer, Upeer Indravati Project Cum Additional Dist Magistrate

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