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2023 DAILYLAW 252 (ORI)

ARUN KUMAR MANDAL v. STATE OF ODISHA

WP(C)/36768/2023 · 2026-02-24

Biraja Prasanna Satapathy

Writ Petition (Civil)body2023

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 36768 of 2023 Arun Kumar Mandal ..... Petitioner Mr. S. Sekhar, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. C.K. Pradhan, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.02.2026 Order No. 11 1. This matter is taken up through hybrid mode. 2. Heard Mr. S. Sekhar, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The present writ petition has been filed challenging the show-cause issued under Annexure-10 proposing punishment and consequential order of punishment passed vide order dtd.18.10.2023 under Annexure-11. 4. It is contended that such an order was passed basing on the final order passed by the State Level Scrutiny Committee on 16.08.2023 in FCC Case No. 19 of 2023. 5. Learned counsel appearing for the Petitioner contended that challenging the final order so passed by the State Level Scrutiny Committee in the aforesaid FCC Case No. 19 of 2023, Petitioner has already moved this Court by filing W.P.(C) No. 4954 of 2026. It is Page 2 of 2. accordingly contended that the present writ petition be kept pending subject to final outcome of W.P.(C) No. 4954 of 2026. 6. Learned Addl. Govt. Advocate on the other hand contended that since the caste certificate basing on which Petitioner got the benefit of appointment, has already been cancelled by State Level Scrutiny Committee in its order dtd.16.08.2023 under Annexure-L/1, no illegality or irregularity can be found with the impugned order passed under Annexure-11. 7. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that order at Annexure-11 has been passed as the caste certificate basing on which Petitioner got the benefit of appointment was cancelled by the State Level Scrutiny Committee in its order dtd.16.08.2023 under Annexure-L/1. 7.1. Since it is not disputed that and such an order passed by the State Level Scrutiny Committee has not yet been set aside by this Court and such a writ petition was filed by the Petitioner only in W.P.(C) No. 4954 of 2026, this Court for the present is not inclined to interfere with the impugned order dtd.18.10.2023 so passed by the Govt.-Opp. Party No. 1 under Annexure-11. However, it is observed that if the Petitioner ultimately succeeds in W.P.(C) No. 4954 of 2026, he can reiterate his claim as made in the present writ petition. 8. With the aforesaid liberty, the writ petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha