IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16441 of 2023 Prasanta Kumar Parija …. Petitioner Mr. S. Mallik, Advocate -versus- State of Odisha and Another …. Opp. Parties Mr. S.P. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 03.02.2026 08. 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 with the following prayer: - “Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon’ble Court may graciously be pleased to, 1. Quash the order of punishment No.3775 dt.31.03.2016 as at Annexure-5 and the order in appeal dated 24.04.2023 as at Annexure-9. 2. Direct/order that the period of suspension shall be treated as duty and all consequential benefits shall be extended to the petitioner. 3. Pass such other order(s)/direction(s) as may be deemed fit and proper in the Bonafide interest of justice.” 4. It is contended that petitioner was before this Court on an earlier occasion in W.P.C(OAC) No.1502 of 2016. This Court vide order dated 24.08.2022 under Annexure-6, disposed of the Writ Petition with the following observation so contained in Para-5:- “The appellate authority shall take into consideration all the grounds that i.e., to be raised in the memo of appeal including the report submitted on 21.01.2011 by the Addl. Director of Industries (Head Quarters), Odisha.” 4.1. It is contended that on the face of such order, petitioner though filed a detailed appeal under Annexure-8, but the Appellate Authority-Opp. Party No.1 without proper appreciation of the order so passed by this Court in the earlier Writ Petition and without taking into consideration the enquiry report submitted vide letter dated 21.01.2011 under Annexure-7, disposed of the appeal by confirming the order of punishment. 4.2. It is contended that since the earlier direction of this Court has not been followed by the Appellate Authority while disposing the appeal while confirming the order of punishment, the said order is not sustainable in the eye of law. It is also fairly contended that petitioner in the meantime has retired on attaining the age of superannuation on 31.03.2024. 5. Even though a counter affidavit has been filed justifying the impugned order of punishment as well as order passed by the Appellate Authority under Annexure-9, but learned Addl. Standing Counsel failed to satisfy this Court that the earlier order passed by this Court has been taken into consideration while deciding the appeal. 6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioner was before this Court in W.P.C(OAC) No.1502 of 2016, challenging the order of punishment passed by the Disciplinary Authority. This Court while disposing the Writ Petition, permitted the petitioner to file an appeal before the Appellate Authority and while permitting so, directed Appellate Authority to dispose of the appeal taking into consideration all the ground that will be taken and so also the report submitted on 21.01.2011 annexed vide Annexure-7 to the Writ Petition. 6.1. As found, Appellate Authority-Opp. Party No.1 while deciding the appeal with passing of the order under Annexure-9, has not taken into consideration the relevancy and effect of the report dtd.21.01.2011. Since the earlier direction of this Court has not been followed in letter and spirit, this Court is inclined to quash order dated 24.04.2023, so passed by Opp. Party No.1 under Annexure-9. 6.2. While quashing the said order, this Court directs Opp. Party No.1 to take a fresh decision on the appeal filed by the petitioner under Annexure-8, in the light of the earlier order passed by this Court under Annexure-6 and in accordance with law as the petitioner has already retired since 31.03.2024. This Court directs Opp. Party No.1 to pass a fresh order within a period of 6 (six) weeks from the date of receipt of this order. 7. The Writ Petition stands disposed of accordingly. (Biraja Prasanna Satapathy) Judge Basudev