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2025 DAILYLAW 78281 (ORI)

RAJA KISHORE SWAIN v. STATE OF ODISHA

WP(C)/19555/2025 · 2025-12-08

Biraja Prasanna Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.19555 of 2025 Raja Kishore Swain …. Petitioner Mr. J.R. Behera, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 12.12.2025 1. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. Even though after issuance of notice, counter affidavit as well as rejoinder affidavit have been filed, but learned counsel appearing for the Petitioner contended that since Petitioner’s claim to get the benefit of notional promotion to the post of ACSO has been rejected vide the impugned order dt.05.06.2025 under Annexure-9 without assigning any reason, the same requires a fresh consideration by Opp. Party No.1. 4. It is contended that since no reason has been assigned while rejecting the Petitioner’s claim, the impugned order is not sustainable in the eye of law. 5. Learned Addl. Govt. Advocate though supported the impugned order basing on the stand taken in the counter affidavit, but failed to satisfy this Court that any reason has been assigned while rejecting the Petitioner’s claim so made in his representation dt.13.01.2025. 6. Having heard learned counsel appearing for the parties, considering the submission made and the fact that no reason has been assigned while rejecting the Petitioner’s claim vide the impugned order dt.5.6.2025 under Annexure-9, this Court is inclined to quash the said order. 6.1. While quashing order dt.5.6.2025 so passed by Government-Opp. Party No.1 under Annexure-9, this Court remits the matter to Opp. Party No.1 for a fresh consideration on the petitioner’s claim. Opp.party No.1 is directed to pass a reasoned and speaking order while considering the Petitioner’s claim. Opp. No.1 is directed to pass a fresh order within a period of 3 (three) months from the date of receipt of this order. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) sangita Judge