Disposed

Awadh Kishore v. Union of India

Orissa HC19 Feb 2025WP(C)/3082/2025

Case brief

AI extract

What is this about?

High Court directed the Appellate Authority of Indian Oil Corporation Ltd. to dispose of the petitioner's pending appeal within four months and communicate the final decision within ten days, disposing of the writ petition.

What did the court decide?

Direction to the Appellate Authority to dispose of the pending appeal within four months from the date of the order and communicate the decision within ten days of disposal.

Awadh Kishore Vs Union of India — Pension and Retirement Benefits | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3082 of 2025

Awadh Kishore

.....

Petitioner

Represented By Adv. - Dayanidhi Mishra

¶6

-versus-

¶7

1) Union Of India ..... Opposite Parties 2) Indian Oil Corp. Ltd. Represented By Adv. - M/s. Manas Ranjan Pradhan J.barik P.k.singhdeo S.k.rout

¶8

CORAM:

¶9

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

19.02.2025

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

¶14

On the prayer of learned counsel for the petitioner is permitted to add The Chairman, Indian Oil Corporation Ltd., Corporation as Opposite party No.3. Let the correction be uploaded in course of the day.

¶15

Heard learned counsel for the petitioner as well as learned counsel for the Opposite Parties. Perused the documents as well as annexed thereto.

¶16

The present writ petition has been filed by the petitioner with the following prayers:

¶17

Page 1 of 3.

¶18

“It is, therefore, most humbly prayed that may most graciously be pleased to admit this writ application and further may be pleased to grant the following reliefs to the petitioner:

¶19

i) For issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Mandamus directing Opp. party No.l to expedite the disposal of the appeal dated 20-10-

¶20

2024 preferred by the Petitioner before the Chairman, under the Conduct, Discipline & Appeal Rules, 1980, of Indian Oil Corporation Limited.

¶21

AND/OR

¶22

For quashing the order of penalty dated 02.09.2024 whereby and where under a major penalty in form of "reduction to a lower grade"

¶23

has been imposed as against the petitioner.

¶24

(ii) For issuance of any other appropriate writ/writs, order/orders, or direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

¶25

It is stated by the learned counsel for the petitioner that being aggrieved by the inaction of the Opposite Party No.3Appellate Authority, before whom the appeal of the petitioner is pending under Annexure-6 to the writ application, the petitioner has approached this Court by filing the present writ application. He further contended that although the appeal was presented during October, 2024, however no steps have been taken for early disposal of the appeal against the order passed disciplinary authority. In such view of the matter, learned counsel for the petitioner submitted that the Appellate authority shall be directed for early disposal of the appeal within a stipulated period of time.

¶26

Page 2 of 3.

¶27

Learned counsel for the Opposite Parties on the other hand contended that the appeal has been filed only in October, 2024. He further contended that the appeal shall be heard and disposed of in accordance with law. Therefore, the present writ application premature and the same should not be entertained.

¶28

Considering such submissions made by the learned counsels appearing for the respective parties, on a careful examination of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Appellate Authority i.e. Opposite Party No.3 to consider and dispose of the appeal in accordance with rules as well as law applicable within a period of four months from the date of communication of a certified copy of today’s order. The final decision that is likely to be taken by the Appellate Authority be also communicated to the petitioner within ten days from the date of disposal of the appeal.

¶29

With the aforesaid observations and directions, the writ petition stands disposed of.

¶30

Urgent certified copy of this order be granted on proper application.

¶31

( A.K. Mohapatra)

Judge

Rubi

Page 3 of 3.

Signature Not Verified

¶36

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Feb-2025 10:26:49

Awadh Kishore v. Union of India

Case brief

What is this about?

What did the court decide?

Awadh Kishore v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Subhagini Digal Vs State of Odisha

Pradeep Kumar Tripathy Vs State of Odisha

Jayprasad Baidyabhushan Vs State of Odisha

Gouri Sankar Padhy Vs State of Odisha

Sukanti Dang Vs State of Odisha

Raj Kishore Sahoo Vs State of Odisha