Disposed¶23

Debananda Panda v. State of Odisha

Orissa HC21 Oct 2024WP(C)/23833/2024

Case brief

AI extract

What is this about?

Dismissal from Government service; VLW appointed 13.01.2014; B.D.O. Barpalli Block; Collector-cum-District Magistrate Bargarh; Disciplinary Proceeding memorandum No.1002/G.P.; suspension dated 15.05.2014; CCA Rules procedure; second show cause notice; appellate authority remedy; writ petition disposed of without merits; time-bound disposal of appeal within three months; Debananda Panda; State of Odisha.

What did the court decide?

Petitioner directed to approach the Appellate Authority against the impugned order dated 30.09.2022; the Appellate Authority to dispose of the appeal within three months from the date of presentation of a certified copy of this order. ¶23

Debananda Panda Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the dismissal of the Petitioner from Government service by the order dated 30.09.2022 of the Disciplinary Authority-cum-Collector, Bargarh (Disciplinary Proceeding memorandum No.1002/G.P. dated 15.12.2014), alleged to be unsustainable and issued without following the procedure of the CCA Rules, should be addressed by this Court or routed through the appellate mechanism.

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Court's answer

Without going into the merits of the case, and noting that an appeal provision exists against the impugned dismissal order dated 30.09.2022, the Court directed the Petitioner to approach the Appellate Authority against that order for redressal of his grievance.

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Ratio / Principle

The Appellate Authority shall dispose of the appeal to be filed by the Petitioner within a period of three months from the date of presentation of a certified copy of this order.

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Key takeaways

On that basis, the Writ Petition was disposed of without adjudication on the merits.ratio¶27

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Dr. S.K. Panigrahi, J.), W.P.(C) No.23833 of 2024, order dated 21.10.2024 — Debananda Panda v. State of Odisha & Ors.: Petitioner, dismissed from Government service by order dated 30.09.2022 of the Disciplinary Authority-cum-Collector, Bargarh (issued vide Disciplinary Proceeding memorandum No.1002/G.P. dated 15.12.2014 following a proceeding drawn up on 15.05.2014 under the CCA Rules with simultaneous suspension), challenged the dismissal as procedurally defective. Without entering the merits, the Court noted that an appellate remedy existed against the impugned order, directed the Petitioner to seek redressal from the Appellate Authority, and required the appeal to be disposed of within three months of presentation of a certified copy of the order. Writ petition disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23833 of 2024

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Debananda Panda

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…. Petitioner

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Represented By Adv. Mr. Anugraha Narayan Samantray

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties Represented By ASC Mr. G. R. Mohapatra

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

21.10.2024

No.

1 . This matter is taken up through hybrid arrangement.

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2. Heard.

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3. The Petitioner has filed this Writ Petition challenging the order dated 30.09.2022 passed by the Disciplinary Authority-cum-Collector, Bargarh vide Disciplinary Proceeding memorandum No.1002/G.P. dated 15.12.2014 dismissing the Petitioner from the Government service being unsustainable as well as without following the procedure of CCA Rules.

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4. Learned counsel for the Petitioner submits that the Petitioner was appointed as VLW on 13.01.2014 under the control of B.D.O., Barpalli Block by the order of

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Page 1 of 3

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// 2 //

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recruitment issued by the Collector-cum-District Magistrate, Bargarh. While the matter stood thus, a disciplinary proceeding was drawn up against the Petitioner on 15.05.2014 under the provision of CCA Rules by the Collector, Bargarh placing the present Petitioner under suspension with immediate effect.

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5. Learned counsel for the Petitioner further submits that after submission of reply to the second show cause notice, the Disciplinary Authority-cum-Collector, Bargarh on 30.09.2022 passed an order dismissing the Petitioner from the service without analyzing the basic facts on record and ignoring the representation of the delinquent officer with regard to material particular. Hence, this Writ Petition.

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6. Without going into the merits of the case and since the appeal provision is there against the impugned order dated 30.09.2022 passed by the Disciplinary Authoritycum-Collector, Bargarh vide Disciplinary Proceeding memorandum No.1002/G.P. dated 15.12.2014, the Petitioner is directed to approach the Appellate Authority against the impugned order dated 30.09.2022 for redressal of his grievance. The Appellate Authority shall dispose of the appeal to be filed by the present Petitioner

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Page 2 of 3

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// 3 //

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within a period of three months from the date of presentation of a certified copy of this order.

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7. Accordingly, the Writ Petition is disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Oct-2024 18:55:35

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Debananda Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debananda Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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