Dismissed

Samar Kumar Rout v. State of Odisha

Orissa HC5 Aug 2024WP(C)/13276/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition concerning the consideration of a representation by the Secretary. The court noted an alternative remedy exists via appeal to the Director of Special Projects. It dismissed the writ application, granted liberty to appeal, and set aside a specific order by the opposite party.

What did the court decide?

Liberty to file appeal before Director, Special Projects within 10 days. Order dated 03.01.2023 set aside.

Samar Kumar Rout Vs State of Odisha — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 13276 of 2024

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Samar kumar Rout

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.… Petitioner

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Represented by Mr. A.Bhoi, Advocate

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Versus -

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State of Odisha & Others

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.… Opp. Parties Represented by Mr. S.N.Pattnaik, AGA

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

05.08.2024

Order No. 02.

This matter is taken up through hybrid mode.

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The petitioner had earlier approached this Court in W.P.(C). No. 13958 of 2020 which was disposed of by order dated 20.09.2022 directing the Secretary of the Administrative Department to consider the representation of the petitioner. In Paragraph 5 of said order, this Court specifically noted the 3 fold argument made by the counsel for the petitioner. The petitioner’s grievance is that while considering the representation the Secretary has not specifically considered the three grounds raised by him.

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Such being the case, this Court would have ordinarily remitted the matter to the Secretary for disposal afresh but then, as per the comprehensive guidelines of the Government issued on 06.04.2018, this Court finds that alternative remedy of appeal has been provided in case of disengagement of Gram Rozgar Sevaks to the Director, Special Projects.

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In such view of the matter, the writ application is disposed of granting liberty to the petitioner to prefer an appeal before the Director, Special Projects within 10 days from today. If such appeal is preferred within the stipulated period, the same shall be admitted and considered in accordance with law after granting proper opportunity of hearing to the petitioner. The appeal shall be disposed of within four weeks from the date of its filing.

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It goes without saying that the appellate authority shall not be influenced by order dated 03.01.2023 passed by the Opposite Party No.1, which is hereby set aside.

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( Sashikanta Mishra) Judge

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Deepak Deepak

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Signature Not Verified

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Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 06-Aug-2024 11:42:36

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Samar Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samar Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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