Single judge disposed of a writ petition seeking transfer to a Homeopathic Medical Officer post. The court directed the petitioner to submit a fresh representation within seven days for the respondent to decide within one month.
Liberty granted to file fresh representation within seven days for respondent to decide within one month.
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. 18492 of 2022
Dr. Hemanta Kumar Behera
….
Petitioner
-versus-
State of Odisha & Ors.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
28.07.2022
Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
3. The Petitioner has filed the present Writ Petition for the following reliefs:
“Under the facts and circumstances as narrated above this Hon’ble Court may graciously be pleased to issue notice to the Opp. Parties and after hearing the Parties be pleased to direct the Opp. Parties to re-positioned/transfer the Petitioner to the post of Homeopathic Medical Officer at either the GHD, Deogarh in Sambalpur Circle or the GHD, Kuchinda in Sambalpur Circle as expeditiously as possible.
And pass such other order/orders as this Hon’ble Court deems just and proper.
And for this act of kindness the petitioner as in duty bound shall ever pray.”
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh
// 2 //
representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of seven days hence.
5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of one month from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.
6. With the aforesaid observation and direction, the Writ Petition is
disposed of.
(Biraja Prasanna Satapathy)
Judge
Sneha
Page 2 of 2
1 issue framed by the court
Whether to grant notice and direction to respondents to transfer the petitioner to a specific post.
Dr. Hemanta Kumar Behera
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
