PRAKASH CHANDRA SAHOO v. FOOD CORPORATION OF INDIA, NWE DELHI
WP(C)/11709/2024 · 2026-03-11
Biraja Prasanna Satapathy
Writ Petition (Civil)body2024
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[ 2024 DAILYLAW 1046 (ORI) · dailylaw.ai ]
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[ 2024 DAILYLAW 1046 (ORI) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11709 of 2024
Prakash Chandra Sahoo
….
Petitioner Mr. G.M. Rath, Advocate
-versus-
Food Corporation of India, New Delhi and Others
….
Opp. Parties Mr. D. Nayak, Advocate for Corporation
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER 11.03.2026
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. On the oral prayer made by learned counsel for the petitioner, he is permitted to implead Assistant General Manager (Personnel), Food Corporation of India, Regional Office as Opp. Party No.7 in Court.
3. Heard learned counsel for the parties.
4. The present Writ Petition has been filed inter alia challenging
order dated 29.04.2024, so issued under Annexure-13 by Opp. Party No.7. Vide the said order, petitioner was reverted from his promotional post so extended vide order dated 20.10.2023 under Annexure-8.
5. It is the main contention of the learned counsel appearing for the petitioner while assailing the impugned
order of reversion that prior to issuing such order of p. 2p. 2 reversion since principle of natural justice was never followed and no notice was ever issued, the impugned
order is not sustainable in the eye of law. It is also contended that by the time such order of reversion was passed, petitioner had already joined in the promotional post and he is also continuing as such by virtue of the interim order passed by this Court on 08.05.2024.
5.1. It is accordingly contended that since principle of natural justice has not been followed while passing the impugned order of reversion, the same is not sustainable in the eye of law.
6.
Learned counsel appearing for the Corporation on the other hand while supporting the impugned order contended that, since petitioner was given the benefit of promotion on a wrong notion, the same when came to the knowledge of the Zonal Office, the impugned order was passed.
6.1. It is also contended that since the impugned order has been passed by the Zonal Office at Kolkata, the present Writ Petition is not maintainable before this Court and petitioner should approach the High Court at Calcutta.
7. To the submission made by learned counsel appearing for the Corporation, learned counsel for the petitioner made further submission contending inter alia that since the order of promotion was issued while petitioner was continuing at Angul in the State of Odisha, p. 3p. 3 the Writ Petition is maintainable as part cause of action arises within the territorial jurisdiction of this Court.
8. Having heard learned counsel for the parties and considering the submission made, this Court finds that petitioner was given the benefit of promotion vide order dated 20.10.2023 under Annexure-8, while continuing at Angul in the State of Odisha. Therefore, it is the view of this Court that the Writ Petition is maintainable before this Court.
8.1. However, since prior to reverting the petitioner from the promotional post, principle of natural justice has not been followed, which has not been controverted in the counter affidavit so filed, this Court is of the view that such order of reversion could not have been passed without following the principle of natural justice.
8.2. Therefore, while quashing order dated 29.04.2024, so passed by Opp. Party No.7 under Annexure-13, this Court permits Opp. Party No.7 to pass a fresh order by giving due opportunity of hearing to the petitioner. Till such a fresh decision is taken by giving due opportunity of hearing to the petitioner, interim order passed by this Court on 08.05.2024 shall continue.
9. The Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge Basudev