Allowed

Basanti Barik v. State of Odisha

Orissa HC16 Mar 2023RVWPET/27/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a review petition filed against its order in a service matter. The Court identified inadvertent errors in the earlier order, set aside the impugned order regarding a government decision, and directed the relevant department to reconsider the transfer matter within four weeks.

What did the court decide?

The order in W.P.(C) No.25687 of 2022 was modified by deleting paragraph-7 and adding a new paragraph setting aside the order dated 26.08.2022.

Basanti Barik Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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RVWPET No.27 of 2023

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Basanti Barik …. Petitioner Mr. A.C. Behera, Advocate

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-versus-

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…. State of Odisha and others Opp. Parties

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Mr. N.K. Praharaj, AGA

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

16.03.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard the learned counsel for the Petitioner as well as the learned Additional Government Advocate appearing for the StateOpposite Parties.

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The present review petition has been filed by the Petitioner seeking review of order dated 25.01.2023 passed by this Court in W.P.(C) No.25687 of 2022.

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After considering the submission made by the learned counsel for the parties and upon a careful examination of the order dated 25.1.2023 passed by this Court in W.P.(C) No.25687 of 2022, this Court is of the considered view that certain inadvertent errors have crept into paragraph-7. Accordingly, the same needs to be modified.

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Therefore, in the interest of justice, in paragraph-7 of the order dated 25.1.2023 passed by this Court in W.P.(C) No.25687 of 2022 is hereby deleted and in its place the following paragraph be added:-

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“Considering the submission made by the

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// 2 //

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learned counsels for the respective parties, this Court is of the view that the impugned order dated 26.08.2022 under Annexure-9 needs to be set aside and the same is hereby set aside. Further, the Opposite Party No.2 is directed to take a fresh decision in the matter keeping in view the letter dated 08.09.2022 under Annexure-12 to the writ petition written by Deputy Secretary to Government of Odisha, Health & Family Welfare Department to the DFW(O), Bhubaneswar and also keeping in view the vacancy position and the feasibility of transfer within a period of four weeks from today. In view of the above, the Petitioner is directed to approach the Opposite Party No.2 along with a certified copy of this order within a period of two weeks from today. In the event the Petitioner approaches the Opposite Party No.2, the Opposite Party No.2 shall do well to carry out the aforesaid direction and pass a necessary order in accordance with law.”

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Accordingly, the review petition is disposed of.

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( A.K. Mohapatra) Judge

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Debasis

Basanti Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanti Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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