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2023 DAILYLAW 734 (ORI)

NIRANJAN MOHANTY v. STATE OF ODISHA

WP(C)/9978/2023 · 2026-05-11

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. 9978 of 2023 Niranjan Mohanty ..... Petitioner Mr. M. Pratap, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 11.05.2026 Order No. 08 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. The present writ petition has been filed inter alia with the following prayer:- “It is, therefore, prayed before the Hon'ble Court to allow the Petition, AND, (i) Further be pleased to declare that the Rule-7 (2) (c) of the OCS (Pension) Rules, 1992 has force to till date being not amended/deleted in view of Amendment on dt.4.8.2006 to delete in future, AND, (ii) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s) / Order(s) /direction(s) directing to the Collector, Kendrapara that the F.I.R. dt.29.11.2010 lodged against the Petitioner, Charge Sheet dt.31.10.2018 and Cognizance dt.13.9.2021 violates the Rule-7 (2) (c) of the OCS (Pension) Rules, 1992, AND, Page 2 of 2. (iii) Further be pleased to pass any other Order(s)/ Direction(s) as deems fit and proper in the facts and circumstances of the case. AND For this act of kindness, the Petitioner, as in duty bound, shall ever pray.” 4. Since the provisions contained under Rule 7(2)(c) of the OCS (Pension) Rules, 1992 has already been superseded with issuance of the notification dtd.4th August 2006, this Court is of the view that the relief as claimed, cannot be extended in favour of the Petitioner. Accordingly, this Court is not inclined to entertain the writ petition. 5. The writ petition disposed of accordingly. (BIRAJA PRASANNA SATAPATHY) Judge Sneha