Writ Petition filed challenging an order passed without hearing despite a prior direction to afford due process. Court quashed the impugned order for non-compliance and remitted the matter for a fresh decision within two months.
Impugned order dated 04.11.2020 quashed; matter remitted to Opp. Party No.2 for fresh decision within 2 months with hearing.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.5150 of 2021
Swarnalata Dei
…. Petitioner
Mr. T.K. Patnaik,Adv.
-versus-
State of Odisha & others
…. Opposite Parties Mr. R.N. Mishra, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
13.04.2023
Order No 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. T.K. Pattnaik, learned counsel appearing for the Petitioner and Mr. R.N. Mishra, learned Additional Government Advocate.
3. The present Writ Petition has been filed challenging the order dated 04.11.2020 passed by the Opp. Party No.2 under Annexure-1.
4. Learned counsel for the Petitioner contended that seeking protection of her post and pay in Odisha Police High School, Tulasipur, Cuttack, the Petitioner had earlier approached this Court in W.P.(C ) No.9798 of 2018. This Court vide order dated 23.10.2019 under Annexure-15 disposed of the Writ Petition with the following direction:
“ In view of the aforesaid limited grievance of the petitioner, without expressing any opinion on
// 2 //
the merits of the case, this court disposes of this Writ Petition directing opposite parties no.1 & 2 to take a decision on the representations filed by the petitioner under Annexures-20 and 21 and pass appropriate order by affording opportunity of hearing to the Petitioner in accordance with law within a period of four months from the date of production of certified copy of this order.
5. It is contended that without giving opportunity of hearing so directed by this Court in its order dated 04.11.2020, the impugned order has been passed under Annexure-1. This Court after going through the said order also finds that the Petitioner has not been given an opportunity of hearing and the said fact is also admitted by Opp. party No.2 in its order itself.
6. In view of the same and due to non-compliance of the direction of this Court so passed on 23.10.2019, this Court is inclined to quash the order dated 04.11.2020 vide Annexure-1 . While quashing the same, this Court remits the matter to Opp. Party No.2 to take a fresh decision, as directed by this Court in its order dated 23.10.2019 by giving an opportunity of hearing to the Petitioner. The entire exercise shall be undertaken and completed within a period of two months from the date of receipt of this order.
The Writ Petition is accordingly disposed of.
(Biraja Prasanna Satapathy) Judge
sangita
Page 2 of 2
2 issues framed by the court
Whether the impugned order dated 04.11.2020 should be quashed for not adhering to the direction of providing an opportunity of hearing.
Whether the matter should be remitted to Opposite Party No.2 to take a fresh decision after providing an opportunity of hearing.
Swarnalata Dei
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
