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2025 DAILYLAW 33475 (ORI)

BHOLESWAR SAHOO v. STATE OF ODISHA

WP(C)/12916/2025 · 2025-05-13

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12916 of 2025 Bholeswar Sahoo ..... Petitioner Represented By Adv. - Krishna Chandra Sahu -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – D. Lenka, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.05.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Govt. Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to pass following prayers:- (i) The Hon'ble Court be pleased to admit & allow this writ petition, (ii) The Hon'ble Court be graciously pleased to quash the impugned order of suspension dtd. 17.10.2024 under Annexure-3; Page 2 of 4. (iii) That the Hon'ble Court be graciously pleased to further direct the Opp.party no.2 for revocation of the order of suspension in order to reinstate the petitioner in service as per Rule-12(5) of the O.C.S (C.C&A) Rules 1962 and till the order of revocation/reinstatement of the petitioner in service, the suspension headquarter of the petitioner be fixed suitably at Sukinda under the administrative control of Opp. party no.4 as per circular under Annexure-6 within a time bound period for the interest of justice. (iv) The Hon'ble Court be pleased to pass such any other order(s), direction(s) as may deems fit & proper for bonafide interest of justice.” 4. Learned counsel for the Petitioner at the outset contended that being aggrieved by the conduct of the Opposite Parties is not reviewing/ revocation the order of suspension dated 17.10.2024 and further being aggrieved by fixation of headquarter at the distance of 200 kms. from his last place of posting, the Petitioner has approached this Court by filing the present writ application. In course of his argument, learned counsel for the petitioner contended that the conduct of the Opposite Parties are not in conformity with the circular of the Govt. under Annexure-6 to the writ application as well as the principle of law laid down by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhury vs. Union of India reported in 2015 (I) OLR (SC)-602. 5. Learned counsel for the State on the other hand contended that the Petitioner has not approached the competent authority before approaching this Court by filing the present writ application. In such view of the matter, learned counsel for the State contended that in the event this Court directs the Opposite Page 3 of 4. Party No.2 to consider the grievance of the Petitioner in the event the Petitioner approaches the Opposite Party No.2 by filing a detailed representation taking therein all the grounds, then he will have no objection to the same. 6. Having regard to the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record, further keeping in view the nature of the grievance involved in the writ application, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation taking therein all the grounds along with all supporting documents along with a certified copy of this order within a period of two weeks from today. In such eventuality, the Opposite Party No.2 shall do well to consider the representation of the Petitioner by taking into consideration the circular of the State Government under Annexures-6 & 7 as well as the law laid down by the Hon’ble Supreme Court in Ajay Kumar Choudhury’s case (supra) within a period of four weeks from the date of communication of a certified copy of today’s order. The final decision so taken be communicated to the Petitioner within a week from the date of taking such a decision. It is further directed that in the event the Petitioner files an interim application for change of his headquarter, the same shall be considered and disposed of within a week from the filing of such request before the Opposite Party No.2. 7. With the aforesaid observation, the writ application stands Page 4 of 4. disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer