Akshaya Kumar Das Vs State of Odisha

Learned counsel for the petitioner submitted that this Court on the basis of submission made by the learned Additional Government Advocate passed the following order on 01.07.2021:-

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“ The petitioner has filed this writ petition seeking to quash Annexures- 3 and 5 and further seeks direction to opposite parties to reenroll the petitioner as a Home Guard under the opposite party no.4.

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Learned counsel for the petitioner contended that since petitioner did not cooperate with investigation, he has been disengaged from service.

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Mr. A.R. Dash, learned Addl. Government Advocate appearing for the State contended that not only the petitioner is cooperating with the investigation but also he himself involved in Pattamundai P.S. Case No. 316 dated 01.10.2019 under Sections 376 (2) (n), 376(3),506 IPC/6 of POSCO Act / 67, 67 (A),67(B) of IT

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Act/ 3(1)(w)(i)(ii), 3(2)(v)(Va) SC/ST POA Act basing on the report of the IIC, Pattamundai Model P.S. Thereby, the Government vide Home Department Letter No. 8852 /D & A dated 22.02.2020 have directed to stop recruitment and abolish the existing vacancies in the rank of Home Guards. Therefore, the representation of the petitioner has not been considered and rejected.

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In view of the above, this Court is not inclined to entertain this application, accordingly, the same stands dismissed.”

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3.1. He further submitted that since wrong submission was made by the learned Additional Government Advocate appearing for the State-opposite parties that “not only the petitioner is cooperating with the investigation but also he himself involved in Pattamundai P.S. Case No. 316 dated 01.10.2019”, which resulted in passing of such order construing that the petitioner is involved in this case and as a result, the said writ petition was dismissed.

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Learned Additional Standing Counsel conceded to such submission made by the learned counsel for the petitioner and has drawn attention of this Court to paragraph-4 of the counter affidavit filed by the Inspector-in-Charge, Pattamundai Police Station, Kendrapara-opposite party no.5, which reads as follows:-

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“4. That it is humbly submitted that from the facts available on the record, it reveals that on the written report of Swapna Malik, Pattamundai P.S. Case No.316 of 2019 was registered and investigated into. During course of investigation, the Investigating Officer had taken all effective steps to apprehend the accused Ananta Ch. Singh as the case is serious in nature. During raid in the house of accused person by the police, the petitioner, Akshaya Kumar Das intentionally

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did not identify the accused person to the police team for which he managed to escape from the spot house. But, due to sincere effort, the then Investigating Officer had managed to apprehend the accused person.”

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In view of the aforesaid conceded position and submissions made by the learned counsel for the respective parties, in the interest of justice, it is felt expedient to recall the order dated 01.07.2021 passed in W.P.(C) No.13100 of 2021 (vide Annexure-3 of the review petition) as there appears to be error of fact due to misappreciation and miscommunication.

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Accordingly, the review petition stands disposed of and, consequently, the writ petition, i.e., W.P.(C) No.13100 of 2021 is restored to its original position.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Sep-2024 17:24:24

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Akshaya Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Akshaya Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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