IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26140 of 2022 Rabindra Kumar Swain …. Petitioner Mr. S.K. Das, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. S.P. Das, ASC Mr. M.R. Pradhan, Advocate on behalf of Mr. D. Mohapatra, Sr. Advocate for O.P. Nos.2 to 4 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 29.01.2026 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 07.07.2022, so passed by Opp. Party No.4 under Annexure-13 and order of punishment passed by the self-same authority vide order dated 22.09.2021 under Annexure-11. 4. It is contended that against the order of punishment, petitioner though preferred an appeal before the Governing Council-Opp. Party No.3 and this Court vide order dated 17.11.2021 in W.P.(C) No.34826 of 2021, directed for its consideration by the Council, p. 2 p. 2 but Opp. Party No.4, who happens to be the Disciplinary Authority, took up the issue and rejected the appeal vide order dated 07.07.2022 under Annexure-13. 4.1. It is contended that since the appeal has been disposed of by an incompetent authority, the said order is a nullity in the eye of law and requires interference of this Court. 5. Even though a counter affidavit has been filed by Opp. Party Nos.2 to 4 justifying the impugned order of punishment as well as the order dated 07.07.2022 under Annexure-13, but in course of hearing, it is fairly contended that the appeal should have been considered and disposed of by the Council-Opp. Party No.3. 6. Having heard learned counsel for the parties, considering the submissions made and since against the order of punishment, petitioner moved the appeal before the Council-Opp. Party No.3 under Annexure-12 and this Court also directed for its consideration, Opp. Party No.4 who happens to be the Disciplinary Authority, should not have disposed of the appeal with passing of the order under Annexure-13. 6.1. In view of such illegality which is apparent on the face of the order, this Court while quashing order dated 07.07.2022 under Annexure-13, directs Opp. Party No.3 to take up the appeal so filed by the petitioner p. 3 p. 3 against the order of punishment and dispose of the same in accordance with law and by giving due opportunity of hearing to the petitioner as expeditiously as possible preferably by the end of March, 2026. 7. The Writ Petition stands disposed of accordingly. (Biraja Prasanna Satapathy) Judge Basudev