A former Orissa Forest Development Corporation employee challenged a recovery order and sought disposal of his pending appeal before the General Manager. The court permitted his legal heirs or advocate to press the appeal and directed its disposal within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25594 of 2011
Madhusudan Rout
…. Petitioner(s)
Mr. Subhransu Bhusan Mohanty, Adv.
-versus-
The Managing Director, Orissa …. Opposite Parties Forest Development Corporation, Bhubaneswar & Ors.
Ms. Sadya Laxmi Patnaik, Adv.
for O.P.3
CORAM:
Order No.
DR. JUSTICE S.K. PANIGRAHI ORDER
10.09.2024
2 . In filing this Writ Petition, the Petitioner being an erstwhile employee of the Orissa Forest Development Corporation, Bhubaneswar, has challenged the order of recovery dated 26.02.2011/Annexure-12 passed by the Divisional Manager, (C) Division, Bhubaneswar.
Apart from the above prayer, the Petitioner has also sought for a direction from this Court to the General Manager, O.F.D.C Ltd./Opposite Party No.2 for disposing of his appeal.
3 . Learned counsel for the Petitioner, at the outset, submits Signature Not Verified that since an appeal on the selfsame issue at the instance of Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication the Petitioner is already pending before the Opposite Party Location: High Court of Orissa Date: 10-Sep-2024 17:49:54 No.2, the Petitioner may be permitted to pursue his
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remedy before the appellate authority/the General Manager, O.F.D.C Ltd.
4 . He further contends that since the Petitioner at this moment is not in a position to press the said appeal because of suffering from old age diseases, his legal heirs or Advocate may be permitted to press the said appeal on his behalf.
5 . Considering the above submission made on behalf of the Petitioner, this Court directs the General Manager, O.F.D.C Ltd./ Opposite Party No.2 to permit the representatives of the Petitioner to place the appeal on his behalf. In such event, the Opposite Party No.2 shall take all effective steps to dispose of the said appeal within a period of two months from the date of presentation of an authenticated copy of this order.
6 . This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Ayaskanta
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2024 17:49:54
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1 issue framed by the court
Whether the appellate authority should dispose of the petitioner's pending appeal against an order of recovery, with liberty for his representatives to press it.
Madhusudan Rout
The Managing Director, Orissa Forest Development Corporation, Bhubaneswar & Ors.
The General Manager, O.F.D.C Ltd.
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
