Partly allowed

Biswanath Mohanty v. State of Odisha

Orissa HC2 Aug 2024WP(C)/3374/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition filed by an aggrieved employee seeking quashing of disciplinary charges and direction for promotion. While noting a prior order treating non-compliance as dropping charges, this court, considering that the show-cause reply was filed, directed the authority to expedite and conclude the disciplinary proceedings within four weeks.

What did the court decide?

Writ petition disposed of; direction to conclude disciplinary proceedings within four weeks from receipt of the order copy.

Biswanath Mohanty 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.3374 of 2024

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Biswanath Mohanty

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…. Petitioner Mr. A. Kanungo, Advocate

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-Versus-

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State of Odisha and Another

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…. Opposite parties Mr. H.K. Panigrahi, ASC

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

02.08.2024

Order No.

(This matter is taken up through virtual mode)

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Heard learned counsel for the petitioner and State.

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Instant writ petition is filed by the petitioner for a direction to drop the charges and quash the disciplinary proceeding initiated pursuant to the charge under Annexure-1 in terms of this Court’s order in W.P.(C) No.36062 of 2023 dated 20^th November, 2023 and further to direct opposite party No.1 to promote him to the post of Deputy Fire Officer w.e.f. 14^th February, 2017, from date on which, the junior most incumbent was promoted as per the DPC and grant of such other consequential promotional benefits to which he is otherwise entitled to.

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Referring to Annexure-10, learned counsel for the petitioner submits that W.P.(C) No.36062 of 2023 was disposed of with a direction to conclude the disciplinary proceeding within a stipulated period or it shall be treated to have been dropped, if such direction

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Page 1 of 3

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is not complied with. It is further submitted that disciplinary action is still pending with the issuance of Annexures-14 and 15 to the additional affidavit filed by the petitioner with the contention that there has been inordinate delay in closure of the disciplinary proceeding initiated against him. Since, reply to the second show cause notice as per Annexure-15 is already furnished, learned counsel for the petitioner lastly submits that a specific direction may perhaps be issued to the authority concerned to conclude the proceeding within a stipulated period.

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Referring the counter affidavit filed through opposite party Nos.1 and 2, Mr. Panigrahi, learned ASC for the State submits that since in the meantime, the second show cause notice and reply of the petitioner has been received as made to reveal from Annexures-14 and 15, if the Court is so inclined, a direction may perhaps be issued to the concerned authority, namely, opposite party No.1 to take a decision thereon and to conclude the proceeding accordingly.

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A decision in the case of Ram Lal Vrs. State of Rajasthan and others (2024) 1 SCC 175 is referred to and relied upon by learned counsel for the petitioner while seeking discharge.

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Having regard to the development having taken place with the filing of show cause reply to the notice as per Annexure-15, the Court is of the view that the hearing in disciplinary proceeding should be expedited with its closure as soon as possible in the interest of justice.

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Hence, it is ordered.

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Page 2 of 3

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In the result, the writ petition stands disposed of with a direction to opposite party No.1 to conclude the disciplinary proceeding in view of the reply to second show cause notice as per Annexure-15 said to have been submitted and received at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order.

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Urgent copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 05-Aug-2024 12:39:31

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Page 3 of 3

Biswanath Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswanath Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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