Disposed

Hemanta Bhue v. State of Odisha

Orissa HC3 May 2023WP(C)/9450/2023

Case brief

AI extract

What is this about?

In a service dispute, the Court directed that since the final disciplinary order was not communicated, the Petitioner has been granted an opportunity to file an appeal with condonation of delay despite the expiry of limitation. The writ petition stands disposed of.

What did the court decide?

Opportunity granted to file proper appeal before Appellate Authority with condonation of delay; authorities directed to act expeditiously within four months.

Hemanta Bhue Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

WPC No.9450 of 2023

¶3

Hemanta Bhue

¶4

…. Petitioner

¶5

Mr. S.J. Mohanty , Advocate

¶6

-versus-

¶7

…. State of Odisha & others Opposite Parties

¶8

Mr. I. Mohanty, ASC

¶9

CORAM:

¶10

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

03.05.2023

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

¶15

Heard learned counsel for the Petitioner as well as learned Addl. Standing Counsel for the State-Opposite Parties.

¶16

It is submitted by learned Addl. Standing Counsel that a final order has been passed in the Departmental Proceeding and the petitioner has been removed from service pursuant dated 30.01.2021 under K/1 to the counter affidavit. In such view of the matter, learned Addl. Standing Counsel submitted that since final order has been passed in the Disciplinary Proceeding and the Petitioner has been removed from service the final order dated 30.01.2021 is an appealable order. Therefore, the Petitioner should approach the Appellate Authority challenging the final order dated 30.01.2021.

¶17

In reply, learned counsel for the Petitioner submitted that since

¶18

// 2 //

¶19

the final order dated 30.01.2021 was not communicated to the Petitioner. Therefore, he did not get any opportunity to challenge the same by filing an appeal. He further submitted that in the meantime the period of limitation has already expired.

¶20

Considering such submission, this Court grants opportunity to the Petitioner to file proper appeal before the Appellate Authority along with an application for condonation of delay. In the event, such an application is filed seeking condonation of delay the authorities shall do well to condone the delay and take up the appeal on merits and dispose of the same strictly in accordance with law as expeditiously as preferably within a period of four months from the date of communication of this order.

¶21

Anil

¶22

With the aforesaid observation/ direction the writ petition stands disposed of.

¶23

Issue urgent certified copy of this order as per Rules.

¶24

( A.K. Mohapatra )
Judge

¶25

Digitally signed by ANIL KUMAR ANIL KUMAR SAHOO SAHOO Date: 2023.05.04 19:10:03 +05'30'

Hemanta Bhue v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanta Bhue v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Maani Biswal Vs State of Odisha

Secretary, Odisha Sub-Ordinate Staff Selection Commission(Osssc) Vs Bhagabata Malla

Susanta Kumar Swain Vs State of Odisha(Vig.)

Bharati Jena Vs R.M.,U.I.I.Co.Ltd.

Khiroda Kumar Mishra Vs State of Odisha

Bijaya Kumar Sabat Vs Secretary,Deptt. of Agriculture and Farmers Empowerment,Odisha