The High Court dismissed the writ petition, directing the petitioner to file an appeal before the appellate authority within two weeks to challenge the impugned punishment order.
Direction to the petitioner to prefer an appeal before the appellate authority within two weeks; otherwise, the writ petition is disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(OAC) No.1502 of 2016
Prasanta Kumar Parija
Petitioner
-versus-
State of Odisha & Ors.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
24.08.2022
Order No
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. S.Mallik, learned counsel appearing on behalf of the Petitioner and Mr. M.K.Balabantaray, learned Standing Counsel for the State-Opposite Parties.
3. The Petitioner filed the present writ Petition challenging the order of punishment passed by the disciplinary authority under Annexure-5.
4. This Court finds that the said order of punishment is an appealable one. However, instead of filing an appeal, the present Writ Petition is filed before this Court.
5. In view of the same, this Court directs the petitioner to prefer an appeal before the appellate authority. It is observed that if any such appeal is preferred within a period of two weeks from today, the said appellate authority shall consider the appeal on merit without insisting on any delay in filing the appeal. The appellate authority shall take into consideration all the grounds that i.e., to be
// 2 //
raised in the memo of appeal including the report submitted on 21.01.2011 by the Addl. Director of Industries (Head Quarters), Odisha.
6. Accordingly, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Judge
Subrat
Page 2 of 2
1 issue framed by the court
Whether the writ petition is maintainable when the challengeable order of punishment is an appealable decision.
Prasanta Kumar Parija
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
