This judgment dismisses a writ petition challenging an administrative order of reversion on the ground of non-prosecution, as the petitioner failed to appear despite multiple adjournments following an 8-year lapse at the Tribunal.
Writ petition dismissed for non-prosecution.
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
WPC(OAC) No. 20 of 2013
Paramananda Sethy …. Petitioner None -versus- State of Odisha and others …. Opp. Parties Mr. Rajesh Kumar Tripathy, ASC
CORAM:
JUSTICE M.S.SAHOO
ORDER
Order No.
11.5.2022
3. 1. This matter is taken up by hybrid mode.
When the matter was taken up on 24.02.2022, the following order was passed :
“The writ petition has been renumbered and registered before this Court on 04.12.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Cuttack.
On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken up after 14.09.2014.
The original application was filed by the applicant/petitioner before the learned Tribunal in the year 2013, when the applicant was working as V.L.W. posted at Narendrapur Grama Panchayat in the district of Kendrapara challenging the order of reversion dated 19.12.2012 (Annexure-6) issued by the Collector, Kendrapara on the allegations that the applicant had furnished false educational qualification certificate.
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Learned Additional Government Advocate submits that after a long lapse of time, nothing would survive for adjudication in the present the writ petition, more so considering the nature of grievance and the fact that order of reversion was given effect to.
To grant another opportunity to the petitioner, list on 30.03.2022.
Learned counsel for the petitioner submits that since the matter is pending since 2013 and was not taken up before the learned Tribunal for the last about 8 years, he has no up-to-date instruction and may be granted accommodation for obtaining instruction from the petitioner.
As prayed for, list on 11.05.2022.”
dutta
Page 2 of 2
1 issue framed by the court
Whether the writ petition entitled to continuation after non-prosecution for an extended period?
Paramananda Sethy
State of Odisha
M.S. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
