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Birendra Singh Budek Vs State of Orissa — Orissa HC (2024) — LawSathi Research

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Orissa HC
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Birendra Singh Budek Vs State of OrissaBirendra Singh Budek v. State of Orissa

Allowed¶16

Birendra Singh Budek v. State of Orissa

Orissa HC5 Nov 2024WP(C)/18681/2017

Case brief

AI extract

What is this about?

Birendra Singh Budek v. State of Odisha, WP(C) No. 18681 of 2017, Orissa High Court, decided 05.11.2024 by Justice Biraja Prasanna Satapathy. Challenge to State Education Tribunal order dtd.15.03.2012 in GIA Case No. 310 of 2010 (Annexure-4) and consequential order dtd.05.05.2017 of Opp. Party No. 2 (Annexure-5); both quashed in reliance on order dated 17.03.2015 in W.P.(C) No. 2002 of 2015 (similar issue; Harjit Kaur, 2014 (Orissa) 198 relied on by petitioner, undisputed); matter remanded to Tribunal for fresh decision on merit with hearing; expedite direction as case of 2010 vintage.

What did the court decide?

Writ petition allowed: the Tribunal's order dtd.15.03.2012 in GIA Case No. 310 of 2010 (Annexure-4) and the consequential order dtd.05.05.2017 of Opposite Party No. 2 (Annexure-5) are quashed; matter remitted to the Tribunal for fresh decision on merit after hearing all concerned, with a direction to dispose of the matter expeditiously.

Why is it important?

The order dtd.15.03.2012 passed by the Tribunal in GIA Case No. 310 of 2010 and the consequential order passed by Opposite Party No. 2 on 05.05.2017 (Annexure-5) are quashed. ¶6

What the court decided

AI extract

Outcome

Writ petition allowed: the Tribunal's order dtd.15.03.2012 in GIA Case No. 310 of 2010 (Annexure-4) and the consequential order dtd.05.05.2017 of Opposite Party No. 2 (Annexure-5) are quashed; matter remitted to the Tribunal for fresh decision on merit after hearing all concerned, with a direction to dispose of the matter expeditiously.

Issue for consideration

Whether the order dtd.15.03.2012 passed by the State Education Tribunal in GIA Case No. 310 of 2010 (Annexure-4) and the consequential order dtd.05.05.2017 passed by Opposite Party No. 2 (Annexure-5) are sustainable in the eye of law.

Court's answer

The order dtd.15.03.2012 passed by the Tribunal in GIA Case No. 310 of 2010 and the consequential order passed by Opposite Party No. 2 on 05.05.2017 (Annexure-5) are quashed.

Ratio / Principle

The matter is remitted to the Tribunal to take a fresh decision on merit and by giving opportunity of hearing to all concerned.

Key takeaways

Since the GIA Case is of the year 2010, the Tribunal is directed to dispose of the matter as expeditiously as possible.ratio¶6

Detailed headnote1 paragraphs

HIGH COURT OF ORISSA AT CUTTACK (Biraja Prasanna Satapathy, J.), 05.11.2024 — Writ petition by Birendra Singh Budek challenging the order dtd.15.03.2012 of the State Education Tribunal in GIA Case No. 310 of 2010 (Annexure-4) and the consequential order dtd.05.05.2017 of Opposite Party No. 2 (Annexure-5). Relying on its earlier order dated 17.03.2015 in W.P.(C) No. 2002 of 2015 in a similar issue — a reliance founded on the petitioner's invocation of Smt. Harjit Kaur v. State of Odisha, 2014 (Orissa) 198, which the opposite parties did not dispute — the Court quashed both impugned orders, remitted the matter to the Tribunal for a fresh decision on merit after giving opportunity of hearing to all concerned, and directed expeditious disposal in view of the case pending since 2010. Petition disposed of accordingly.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 18681 of 2017

Birendra Singh Budek ..... Petitioner Mr. S. Jena, Advocate

-versus-

State of Odisha & Anr. ..... Opposite Parties

Mr. C.M. Singh, ASC Mr. S.S. Pratap, Advocate (Opp. Party Nos. 4 & 5)

CORAM:

THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

05.11.2024

Order No. 04

This matter is taken up through hybrid mode.

Heard Mr. S. Jena, learned counsel appearing for the Petitioner, Mr. C.M. Singh, learned Addl. Standing Counsel appearing for the State-Opp. Parties and Mr. S.S. Pratap, learned counsel appearing for Opp. Party Nos. 4 & 5.

Petitioner has filed the present writ petition inter alia challenging order dtd.15.03.2012 so passed by the State Education Tribunal in GIA Case No. 310 of 2010 under Annexure-4 and consequential order passed by Opp. Party No. 2 vide order dtd.05.05.2017 under Annexure-5.

Placing reliance on the decision in the case of Smt. Harjit Kaur Vs. State of Odisha & Ors. , 2014 (Orissa) 198 and subsequent order passed by this Court in a similar issue on 17.03.2015 in W.P.(C) No. 2002 of 2015, it is contended that the impugned order passed by the Tribunal under Annexure-4 and consequential order passed by Opp. Party No. 2 under Annexure-5 are not sustainable in the eye of law.

Learned Addl. Standing Counsel as well as learned counsel appearing for the Private Opp. Parties does not dispute the contention raised by the learned counsel appearing for the Petitioner and the order passed by this Court in W.P.(C) No. 2002 of 2015.

Having heard learned counsel appearing for the Parties and considering the submissions made, this Court placing reliance on the order passed in W.P.(C) No. 2002 of 2015 is inclined to quash order dtd.15.03.2012 so passed by the Tribunal in GIA Case No. 310 of 2010 as well as the consequential order passed by Opp. Party No. 2 on 05.05.2017 under Annexure-5. While quashing both the orders, this Court remits the matter to the Tribunal to take a fresh decision on merit and by giving opportunity of hearing to all concerned. It is however observed that since the GIA Case is of the year 2010, the Tribunal is directed to dispose of the matter as expeditiously as possible.

The writ petition is disposed of with the aforesaid observation and direction.

(BIRAJA PRASANNA SATAPATHY) Judge

Sneha

Signature Not Verified

Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-Nov-2024 17:23:59

Page 2 of 2.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dtd.15.03.2012 passed by the State Education Tribunal in GIA Case No. 310 of 2010 (Annexure-4) and the consequential order dtd.05.05.2017 passed by Opposite Party No. 2 (Annexure-5) are sustainable in the eye of law.¶4
The court held
The order dtd.15.03.2012 passed by the Tribunal in GIA Case No. 310 of 2010 and the consequential order passed by Opposite Party No. 2 on 05.05.2017 (Annexure-5) are quashed.ratio¶6

Cases cited

Colour shows how this judgement treated each authority

AI extract

Smt. Harjit Kaur Vs. State of Odisha & Ors.Referred¶4
Smt. Harjit Kaur Vs. State of Odisha & Ors., 2014 (Orissa) 198
W.P.(C) No. 2002 of 2015Relied on¶6

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dtd.15.03.2012 passed by the State Education Tribunal in GIA Case No. 310 of 2010 (Annexure-4) and consequential order dtd.05.05.2017 passed by Opposite Party No. 2 (Annexure-5), challenged in the writ petition.¶12
State Education Tribunal (with consequential order by Opp. Party No. 2) · 15.03.2012
Prior proceeding
GIA Case No. 310 of 2010 before the State Education Tribunal, decided by order dtd.15.03.2012 (Annexure-4).¶12
Prior proceeding
Order dated 17.03.2015 passed by this Court in W.P.(C) No. 2002 of 2015 in a similar issue, relied upon by the petitioner and not disputed by the opposite parties.¶4

Parties & counsel

AI extract

petitioner
Birendra Singh Budek¶2
Mr. S. Jena
respondent
State of Odisha & Anr.¶4
Mr. C.M. Singh, Mr. S.S. Pratap

Coram

AI extract

Biraja Prasanna Satapathyauthor¶7

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 5 Nov 2024 · November
Registered: 1 Sept 2017
Case no.: WP(C)/18681/2017
CNR: ODHC010004502017
Bench: Biraja Prasanna Satapathy
Disposal: Disposed Off
Case type: WP(C)

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Cite this judgement

Birendra Singh Budek v. State of Orissa, WP(C)/18681/2017 (OD), decided on 5 November 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Smt. Harjit Kaur Vs. State of Odisha & Ors.Referred¶4
W.P.(C) No. 2002 of 2015Relied on¶6

Open Authorities

Procedural history3

Order dtd.15.03.2012 passed by the State Education Tribunal in GIA Case No. 310 of 2010 (Annexure-4) and consequential order dtd.05.05.2017 passed by Opposite Party No. 2 (Annexure-5), challenged in the writ petition.State Education Tribunal (with consequential order by Opp. Party No. 2) · 15.03.2012
GIA Case No. 310 of 2010 before the State Education Tribunal, decided by order dtd.15.03.2012 (Annexure-4).
Order dated 17.03.2015 passed by this Court in W.P.(C) No. 2002 of 2015 in a similar issue, relied upon by the petitioner and not disputed by the opposite parties.

View full history

Bench / Coram

Biraja Prasanna Satapathy

Parties & counsel