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2025 DAILYLAW 41371 (ORI)

GYANARANJAN DHAL v. STATE OF ODISHA

WP(C)/17164/2025 · 2025-06-26

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.17164 of 2025 Gyanaranjan Dhal …. Petitioner Mr. N. Lenka, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 26.06.2025 I.A. Nos.10081 & 10082 of 2025 & W.P.(C) No.17164 of 2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Even though the present Writ Petition has been filed with a prayer to declare the initiation of the departmental proceeding so initiated vide Memorandum dated 23.04.2025 as wrong and illegal, but in course of hearing, learned counsel for the petitioner contended that after being served with the memorandum, petitioner though has moved O.P. No.4 on 16.05.2025 under Annexure-9 to supply him the documents basing on which the proceeding has been p. 2 p. 2 initiated and to enable him to file his written statement of defence, instead of providing the said document as prayed for, authority concerned is proceeding with the matter. 3.1. It is contended that unless and until petitioner is provided with the documents as prayed for under Annexure-9 and submit his written statement of defence, petitioner will be seriously prejudiced if the proceeding is proceeded against him. 3.2. A further submission was also made that after initiation of the proceeding, petitioner is not getting his salary from May, 2025. It is accordingly contended that appropriate direction be issued to O.P. No.4 to provide him the documents as prayed for under Annexure-9 and to pay the salary from May, 2025. 4. Learned Addl. Govt. Advocate on the other hand contended that if the petitioner has not been provided with the documents, appropriate order can be passed by this Court. 5. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, directs O.P. No.4 to provide the documents as prayed for by the petitioner under p. 3 p. 3 Annexure-9 prior to proceeding further in the proceeding. 5.1. This Court accordingly directs O.P. No.4 to provide the documents on or before 11.07.2025. On being provided with the documents, petitioner will be allowed 4 (four) weeks’ time to file his reply and after submission of the written statement of defence, O.P. No.4 shall proceed with the matter in accordance with law. 5.1. However, since the proceeding has only been initiated and no order of punishment has been passed, it is the view of this Court that salary of the petitioner could not have been stopped. Therefore, this Court also directs O.P. No.4 to release the salary as due and admissible in favour of the petitioner from May, 2025. 6. With the aforesaid observation and direction, the Writ Petition along with all pending I.As. stand disposed of. (Biraja Prasanna Satapathy) Judge Basudev