Disposed¶20

Rajendra Mallick v. State of Odisha

Orissa HC10 Jan 2025WP(C)/647/2025

Case brief

AI extract

What is this about?

Odisha High Court, W.P.(C) No.647 of 2025, order dated 10.01.2025, R.K. Pattanaik, J. Writ petition disposed of with directions: challenge to show cause notice dated 24.12.2024 (Annexure-1) issued by opposite party Nos.2 and 3 over alleged excess payment towards measurement in work orders (Annexure-2 series); petitioner's reply dated 04.01.2025 (Annexure-4) received and to be decided within eight weeks; no coercive action against petitioner till decision; State argued petition premature; muster roll at Annexure-3 series.

What did the court decide?

Direction to opposite party Nos.2 and 3 to examine the show cause reply (Annexure-4) and take a decision on the show cause at the earliest, preferably within eight weeks from receipt of a copy of the order, and not to take any coercive action against the petitioner till such time. ¶20

Rajendra Mallick Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the show cause notice dated 24th December, 2024 is premature, and whether coercive action against the petitioner should be deferred until opposite party Nos.2 and 3 consider his reply dated 4th January, 2025.

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Court's answer

Since the petitioner's reply dated 4th January, 2025 (Annexure-4) had been received by opposite party Nos.2 and 3, the Court held that it is to be examined with a decision, and till such time any coercive action against the petitioner should be deferred.

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Ratio / Principle

The writ petition stands disposed of with a direction to opposite party Nos.2 and 3 to take a decision on the show cause at the earliest, preferably within a period of eight weeks from the date of receipt of a copy of the order, and till such time not to take any coercive action against the petitioner.

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Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.647 of 2025, High Court of Orissa at Cuttack, R.K. Pattanaik, J., order dated 10.01.2025) — Rajendra Mallick challenged a show cause notice dated 24th December, 2024 (Annexure-1) issued by opposite party Nos.2 and 3 in respect of work orders (Annexure-2 series), concerning alleged excess payment towards measurement; the petitioner contended there was no excess payment, relied on the muster roll (Annexure-3 series), and filed a reply dated 4th January, 2025 (Annexure-4), which was received by opposite party Nos.2 and 3. The State (through its AGA) argued the writ petition was premature. Disposing of the petition, the Court directed opposite party Nos.2 and 3 to examine the reply and take a decision on the show cause at the earliest, preferably within eight weeks from receipt of a copy of the order, and ordered that no coercive action be taken against the petitioner till such time.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.647 of 2025

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Rajendra Mallick …. Petitioner

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Mr. P.K. Ray, Advocate

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-Versus-

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State of Odisha & Others

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…. Opposite parties Mr. P.K. Ray, AGA

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

10.01.2025

Order No.

1. Heard learned counsel for the petitioner and State.

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Instant writ petition is filed by the petitioner challenging the issuance of impugned show cause notice dated 24^th December, 2024 as at Annexure-1 issued by opposite party Nos.2 and 3 on the ground stated.

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Learned counsel for the petitioner submits that there has been no excess payment towards measurement. It is further submitted that such action is unnecessary and unjustified still the petitioner has approached to the authority concerned with a reply dated 4^th January, 2025 i.e. Annexure-4. The submission is that till such time, the show was reply is considered by opposite party Nos.2 and 3, no coercive action should be taken against the petitioner, who is ready and willing to face the disciplinary action, if so decided.

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Mr. Ray, learned AGA for the State submits that the filing of the writ petition is premature and in any case, the petitioner has filed the reply i.e. Annexure-4, which is to be considered by the authorities below, for a decision in accordance with law.

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Page 1 of 2

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Perused the show cause notice as at Annexure-1. It is in respect of the work orders issued as per Annexure-2 series. Learned counsel for the petitioner refers to the muster roll as at Annexure-3 series to claim that there is no illegality committed by the petitioner and others. The show cause reply at Annexure-4 is said to have been received by opposite party Nos.2 and 3 in the meantime. The petitioner apprehends immediate action by opposite party Nos.2 and 3 upon receiving the show cause reply dated 4^th January, 2025. Recording the submissions of learned counsel for the both the sides, since reply affidavit dated 4^th January, 2025 is received by opposite party Nos.2 and 3, the Court is of the view that the same is to be examined with a decision and till such time, any such coercive action should be deferred.

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6. Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party Nos.2 and 3 with a decision on the show cause at the earliest preferably within a period of eight weeks from the date of receipt of a copy of this order and till such time, not to take any coercive action against the petitioner.

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Urgent copy of this order be issued as per rules.

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior StenographerRojina Reason: Authentication Location: OHC, CTC Date: 13-Jan-2025 14:36:57

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Rajendra Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajendra Mallick 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

Procedural history

Parties & counsel

Coram

Case details

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