Allowed

Dhananjaya Senapati v. State of Orissa

Orissa HC15 May 2023WP(C)/12401/2022

Case brief

AI extract

What is this about?

Petitioner challenged selection lists excluding him. Court relied on Nirakar Majhi order and quashed non-communicated selection list, remanding matter to police authorities for fresh consideration within two months.

What did the court decide?

Impugned orders (selection lists) quashed; matter remanded to Opposite Party No.2 to consider petitioner's case afresh and decide within two months; petitioner directed to approach authorities within

Dhananjaya Senapati Vs State of Orissa — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.12401 of 2022

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Dhananjaya Senapati

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Petitioner

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Mr. M. Mishra, Advocate

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-versus-

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State of Odisha &others

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Opposite Parties

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Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

15.05.2023

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

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Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

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The present writ petition has been filed by the petitioner with the following prayers:

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“Under the aforesaid facts and circumstances that this Hon’ble court may graciously be pleased to-

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a) Quash the impugned order no 10400 dt 30.03.2022 as at Annexure 3, order no 13921 dt 2.04.22 as at annexure 4 and order no 469 dt 4.04.22 as at Annexure 5 respectively.

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b) Direct / order that the petitioner shall continue in regular cadre with all service and monetary benefits as per his seniority in terms of the merit list.

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c) Passed such other orders/directions as may be deemed fit and proper in the interest of

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justice.”

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It is submitted by learned counsel for the petitioner that the case of the petitioner is squarely covered by the order in the case of Nirakar Majhi vrs. State of Odisha and others in W.P.(C) No.38406 of 2020 and a batch of similar matters dated 24.01.2023. Accordingly, it is further submitted by Mr. Mishra, leaned counsel for the petitioner that the case of the petitioner may be disposed of in the light of the order dated 24.01.2023.

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Learned counsel for the State, on the other hand, submitted that he has no objection for disposal of the writ application with a direction to consider the case of the petitioner in the light of the order dated 24.01.2023 passed in W.P.(C) No.38406 of 2020 and a batch of similar matters . He further submitted that before applying the order dated 24.01.2023, the authorities may be directed to consider the case of the petitioner stands on similar footing with the persons, who are similar with the petitioner before this Court in W.P.(C) No.34406 of 2020 and a batch of other matters.

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Considering the submissions made by the learned counsel for the parties, on careful examination of the background of facts of the case, keeping in view the order of this Court in the case of Nirakar

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Majhi vrs. State of Odisha and others (supra) disposed of on 24.01.2023, this Court is of the considered view that the impugned orders under Annexure-3, 4 and 5 selection list which was not communicated to the petitioner is hereby quashed and the matter is remanded back to the authorities, i.e. D.G. and I.G. of Police, Odisha, Cuttack-Opposite Party No.2 to examine the case of the petitioner afresh keeping in view the order dated 24.01.2023 in W.P.(C) No.38406 of 2020 and a batch of similar matter. In the event,

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Opposite Party No.2 comes to a conclusion that the petitioner stands on similar footing with the above noted batch of cases and accordingly, the case of the petitioner be considered afresh and decision be taken on the same in accordance with law. Let the petitioner be approached to the Opposite Party No.2 within a period of two weeks from today along with certified copy of this order and a copy of the order dated 24.01.2023. In such view of the matter, Opposite Party No.2 shall do well as directed hereinabove and dispose of the same within a period of two months from the date of communication of this order. Decision so taken shall be communicated to the petitioner within a period of two weeks thereafter.

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With the aforesaid observation/direction, the writ petition is disposed of.

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Urgent certified copy of this order be granted on proper application.

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Jagabandhu

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( A.K. Mohapatra ) Judge

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Signature Not Verified

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Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 18-May-2023 10:58:36

Dhananjaya Senapati v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dhananjaya Senapati v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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