This Writ Petition challenging a reinstatement order was dismissed as infructuous because the opposite party had already been reinstated, rendering the challenge inutile.
The Writ Petition was dismissed as the reinstatement order had already been implemented.
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.1676 of 2020
G.B. of Brahmeswar Mahavidyalaya
…. Petitioner Mr. P.K. Sahoo, Adv.
-versus-
State of Odisha & Others
…. Opposite Parties
State Counsel Mr. D.K.Mohapatra, Adv. for O.P.3
COROM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
13.04.2023
Order No
06. 1. This matter is taken up through Hybrid Mode. 2. Heard Mr. P.K. Sahoo, learned counsel for the Petitioner and Mr. D.K. Mohapatra, learned counsel appearing for the Opposite Party No.3.
3. This Writ Petition has been filed by the Petitioner challenging the order dated 21.11.2022 passed by the Director Higher Education under Annexure-8. Vide the said order, the Opposite Party No.2 while quashing the order of termination directed for reinstatement of the Opposite Party No.3 with consequential service benefits.
4. Mr. Mohapatra, learned counsel appearing for the Opposite Party No.3 contended that in terms of the said order, the Opposite Party No.3 has already been reinstated and he is continuing as on date. Since the order in question has already been complied with, the present Writ Petitioner is not to challenge the said order after implementing the same.
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5. Therefore, the prayer as made in the Writ Petition has become infructuous. Accordingly, the Writ Petition stands dismissed.
(Biraja Prasanna Satapathy) Judge
Subrat
Page 2 of 2
1 issue framed by the court
Whether the Writ Petition remains maintainable after the reinstatement order challenged has been implemented.
G.B. of Brahmeswar Mahavidyalaya
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
