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2025 DAILYLAW 74 (ORI)

PATITAPABAN MOHAPATRA v. STATE OF ODISHA

WA/1527/2025 · 2026-04-07

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1527 of 2025 Patitapaban Mohapatra & Another …. Appellants Mr. M.K. Mohanty, Advocate -versus- State of Odisha & Others …. Respondents Mr. U.C. Behura, AGA Mr. R. Acharya, Advocate (For Respondent No.2) CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 07.04.2026 03. This Intra-Court Appeal seeks to call in question a learned Single Judge’s order dated 11.08.2025 on the ground that once W.P.(C) No.8205 of 2025 was allowed and disengagement order was quashed, the direction for automatic reinstatement ought to have been issued, whether inquiry is contemplated or not. After service of notice, the officials Respondents are represented by learned AGA Mr. Behura, who opposes the Appeal making submission in justification of the impugned order and the reasons on which it has been constructed. Having heard learned counsel for the Parties and having perused the Appeal papers, we decline indulgence in the matter, inasmuch as about two weeks had elapsed after the appointment orders were issued to the Appellants herein and that the same came to be rescinded without giving an opportunity of hearing which the learned Single Judge has found fault with. However, in the fitness of things, the learned Single Judge has directed the authorities to issue a show cause notice and permitted the Appellants to show cause as to the proposed action. He has also prescribed a specific timeline for accomplishing the entire task and therefore, in his discretion, denied reinstatement, which otherwise in ordinary course would have followed. Such a discretionary order cannot be the subject matter of Intra-Court Appeal and deeper examination. In the above circumstances, this Writ Appeal is disposed off directing the authorities to comply with the learned Single Judge’s order in letter and spirit in a time bound way, as has been prescribed in Para-6 of the impugned order. If the timelines are not complied with, then the authority shall reinstate the Appellants in service and thereafter, they can take up with the further proceedings in accordance with law. No Costs. Web copy of this order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Bijay/Sarbani Designation: Junior Stenographer