The High Court dismissed a writ petition challenging the Odisha Administrative Tribunal's order allowing regularization. The Court held that it should not interfere with factual findings in certiorari proceedings and found no substantial ground.
The writ petition is dismissed as being devoid of merit.
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.
W.P.(C) No.2872 of 2019
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Present: SHRI S. K. MISHRA,J AND
MISS SAVITRI RATHO, J
Government of Orissa and Another …… Petitioners.
Biswanath Sahoo …… Opposite Party.
For Petitioners : Mr. L. Samantaray,
Addl. Government Advocate For Opposite Party : Miss Babita Kumari Pattnaik (Opposite Party No.1)
Heard learned Additional Government Advocate and learned counsel for the Opposite Party.
In this writ petition, the State of Odisha assails the findings of the learned Odisha Administrative Tribunal, Bhubaneswar in O.A. No.1691 of 2016 rendered on 05.05.2018. By virtue of the said order, the learned Tribunal allowed the application of the Opposite Party No.1 and directed his regulization.
TUDU
In assailing the impugned judgment/order of the learned Tribunal, the learned Additional Government Advocate submits that the finding of the learned Tribunal that the appointment of Opposite Party at Annexure-4 cannot be
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construed as engagement through manpower service provider is factually wrong.
We are of the opinion that in a proceeding of issue of writ of certiorari we should not interfere in the findings of facts. There is no other substantial reason and ground. We are not inclined to admit the writ petition. Hence, the writ petition is dismissed being devoid of merit.
Urgent certified copy of this order be granted as
per rules.
1 issue framed by the court
Whether the High Court should interfere with the factual findings of the Administrative Tribunal regarding engagement through a manpower service provider.
Government of Orissa
Biswanath Sahoo
S. K. Mishra
Savitri Ratha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
