The High Court dismissed a writ petition challenging a showcause notice regarding the withholding of disability pension. The petitioner sought retirement due to inability to communicate with the client and failure to establish facts, leading to no substantive hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1259 of 2011 (Through hybrid mode)
Artatrana Mishra
Petitioner
Mr. Amit Bose, Advocate
-versus-
…. Executive Officer and others Opposite parties
Mr. Y.S.P.Babu, AGA
Mr. D.P.Mohanty, Advocate for O.P.3
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No.
13.12.2021
“ 1. Mr. Bose, learned advocate appears on behalf of petitioner, who is aggrieved by issuance of showcause dated 14th December, 2010 and following request dated 29th December, 2010. He submits, impugned showcause is not a show-cause but communication of withholding his client’s disability pension, without reason.
2. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, his clients have filed counter, in paragraph 5 of which it has been stated that petitioner did not present himself before the Medical
Page 1 of 2
// 2 //
Board for re-examination on his disability. On query from Court, Mr. Bose submits he does not have instruction regarding his client having been re-examined by the Medical Board.
3. The writ petition is adjourned for parties to make their submissions on instructions. It will be dealt with on adjourned date.
4. Mr. Bose prays for continuation of interim order. On query from Court regarding recovery, in event the writ petition is unsuccessful, he submits, steps may be taken by the Government against his client including recovery of the amount as arrears land revenue. Interim order to continue till next date.
5. List on 6th December, 2021 as prayed for by Mr. Bose.”
(Arindam Sinha) Judge
Prasant
Page 2 of 2
1 issue framed by the court
Whether the writ petition challenging the nondisabled pension withholding notice requires dismissal due to inability of the petitioner to file necessary submissions.
Artatrana Mishra
Executive Officer
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
