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2025 DAILYLAW 20587 (ORI)

PRADEEP KUMAR ODDU v. STATE OF ODISHA

WP(C)/6937/2025 · 2025-03-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6937 of 2025 Pradeep Kumar Oddu …. Petitioner Mr. S.K. Mishra, Advocate -versus- State of Odisha & Ors. …. Opp. Parties Mr. M.K. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 13.03.2025 01. 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 correct the description of O.P. No.3 in Court. 3. Heard learned counsel for the parties. 4. Pursuant to the order passed by this Court on 04.02.2025, learned Addl. Govt. Advocate produced the instruction provided by O.P. No.3 through O.P. No.4. Copy of the said instruction be kept in record. 5. Basing on the instruction, it is fairly contended by learned Addl. Govt. Advocate that relevancy and effect of the final order passed by the self-same Committee in FCC No.15/13 & 16/13 though were produced by the petitioner before the Committee at the time of final hearing but the same were not taken into consideration. 5.1. It is accordingly contended that taking into account the nature of order passed in FCC No.15/13 & 16/13, the matter will be reviewed by the Committee. 6. Mr. J. Pal, learned counsel for the petitioner on the other hand contended that in addition to the final order passed in FCC No.15/13 & 16/13, relevancy and effect of the enquiry report available under Annexure-4 series, 7 & 8 and submitted before the Committee, be also taken into consideration while considering the matter afresh. 7. Having heard learned counsel for the parties, considering the submissions made and more particularly the stand taken in the instruction provided vide letter dated 24.02.2025 in Court today, this Court is inclined to quash order dated 21.11.2024 so passed by the State Level Scrutiny Committee-O.P. No.3 in FCC No.28 of 2011 under Annexure-4. While quashing the said order, this Court remits the matter to O.P. No.3 to take a fresh decision taking into account the final order passed in FCC No.15/13 & 16/13 and so also the enquiry report submitted before the Committee vide Annexure-4 series, 7 and 8. Such a fresh decision as directed be taken by giving due opportunity of hearing to the petitioner, within a period of 4 (four) months from the date of receipt of this order. In order to avoid delay, petitioner is directed to appear before the O.P. No.3 along with a copy of this order on 27.03.2025. 8. The Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge