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2023 DAILYLAW 340 (ORI)

NALINIKANTA DAS v. STATE OF ODISHA

WP(C)/31434/2023 · 2026-02-27

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. 31434 of 2023 Nalinikanta Das ..... Petitioner Mr. A.K. Pattnaik, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Panda, ASC Mr. S. Mohanty, Advocate (Opp. Party No. 5) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 27.02.2026 Order No. 12 1. This matter is taken up through hybrid mode. 2. Heard Mr. A.K. Pattnaik, learned counsel appearing for the Petitioner, Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the State-Opp. Parties and Mr. S. Mohanty, learned counsel appearing for Opp. Party No. 5. 3. Even though the present writ petition was filed challenging the communications issued on 19.06.2023, 18.08.2023 and 01.09.2023 so available under Annexure-12 to 14 respectively by Opp. Party No. 4, but in course of hearing learned counsel appearing for the Petitioner contended that Petitioner be permitted to raise his grievance before Opp. Party No. 4, who without any reason and basis, issued the impugned communications under Annexure-12 to 14. Page 2 of 2. 3.1. It is further contended that on the face of the interim order passed by this Court on 27.09.2023, Petitioner was not allowed to discharge his duty by the agency w.e.f.1st January, 2024. 4. Learned Addl. Standing Counsel however contended that if the Petitioner want to move Opp. Party No. 4 for consideration of his grievance as made in the writ petition, the State authorities have no objection to the same. 5. Mr. S.B. Mohanty, learned counsel appearing for Opp. Party No. 5 on the other hand contended that after 31.03.2013, Opp. Party No. 5 is no way involved with regard to engagement of the Petitioner. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the writ petition, permits the Petitioner to make individual application against the communications issued under Annexure-12 to 14. 6.1. It is observed that if any such application is moved before Opp. Party No. 4 within a period of three (3) weeks hence, the said Opp. Party shall do well to take a lawful decision on the same within a further period of three (3) months from the date of receipt of such application with due communication to the Petitioner. 6.2. It is further observed that, if on the face of the interim order passed by this Court, Petitioner has not been allowed to continue beyond 31.12.2023, the said fact shall also be dealt with by Opp. Party No. 4. 7. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha