Disposed¶23

Manoj Kumar Mohapatra v. State of Odisha

Orissa HC5 Apr 2024WP(C)/172/2023

Case brief

AI extract

What is this about?

Orissa High Court; W.P.(C) 172/2023; disposal as infructuous; Principal-in-Charge of College; appointment under Annexure-1 & 2; transfer of incumbent during pendency; DDO power not confirmed; liberty to apply before Opposite Party No. 1; Biraja Prasanna Satapathy, J.; 05.04.2024.

What did the court decide?

Writ petition disposed of; the challenge to Opposite Party No. 5's appointment as Principal-in-Charge held infructuous owing to his transfer, and the Petitioner granted liberty to make an appropriate application before Opposite Party No. 1 for conferment of the power of DDO. ¶23

Manoj Kumar Mohapatra Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.172 of 2023

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Manoj Kumar Mohapatra

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…. Petitioner

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Mr. A.K. Mohapatra (1), Advocate

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties

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Mr. S. Jena, AGA

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Mr. S.K. Das, Advocate (Opp. Party No. 5)

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

05.04.2024

Order No

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

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2. Heard Mr. A.K. Mohapatra (1), learned counsel for the Petitioner, Mr. S. Jena, learned Addl. Govt. Advocate appearing for the State and Mr. S.K. Das, learned counsel appearing for Opp. Party No. 5.

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3. The present writ petition has been filed inter alia challenging order of appointment of Opp. Party No. 5 as Principal In-Charge of the College vide order at Annexure-1 & 2 and with a further prayer that the Petitioner be allowed to continue as Principal –In-Charge of the College in question.

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4. Mr. S.K. Das, learned counsel appearing for Opp. Party No. 5 contended that during pendency of the writ petition, Opp. Party No. 5 has been transferred from the College in question and he is no more continuing as Principal-in-Charge of the College.

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// 2 //

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5. To the submission made by Mr. Das, Mr. Mohapatra contended that after transfer of Opp. Party No. 5 though Petitioner has been handed over with the charge of Principal-in-Charge, but power of DDO has not yet been confirmed.

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6. Mr. S. Jena, learned Addl. Govt. Advocate also contended that Opp. Party No. 5 has been transferred in the meantime from the College in question.

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7. Considering the submissions made and in view of the fact that Opp. Party No. 5, who was appointed as Principal-in-Charge of the College vide order under Annexure-1 & 2, as in the meantime has been transferred, the prayer made in that regard has become infructuous. However, if the Petitioner after being handed over with the charge of Principal-in-Charge, has not been conferred with the power of DDO; it is open for him to make an appropriate application in that regard before Opp. Party No. 1 for consideration.

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8. The writ petition is disposed of accordingly.

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(Biraja Prasanna Satapathy) Judge

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Sneha

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Signature Not Verified

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Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Apr-2024 17:10:31

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Page 2 of 2

Manoj Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manoj Kumar Mohapatra 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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