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2026 DAILYLAW 10184 (ORI)

SANTOSHINI DASH v. STATE OF ODISHA

WP(C)/2576/2026 · 2026-01-29

Biraja Prasanna Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.2576 of 2026 Santoshini Dash …. Petitioner Dr. B.K. Mishra, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. P. Behera, ASC COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 29.01.2026 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia challenging order dt.24.12.2025 so issued by Opp. Party No.2 under Annexure-11. Vide the said order, Opp. Party No.2 being the Disciplinary Authority appointed the Inquiry Officer and Marshalling Officer to proceed with the proceeding initiated against the Petitioner vide Memorandum dt.24.10.2025 under Annexure-4. 4. Learned counsel appearing for the Petitioner contended that after being provided with the memorandum along with the charges, Petitioner made an application before opp. party No.2 on 03.12.2025 under Annexure-5, requesting for supply of various documents for the purpose of submitting the Written Statement of defence. It is contended that without providing with the documents and prior to filing of the Written Statement of defence, since the Disciplinary Authority-Opp. party No.2 vide the impugned order appointed the Inquiry Officer as well as the Marshalling Officer, Petitioner being aggrieved by such action, is before this Court in the present Writ Petition. It is accordingly contended that Opp. party No.2 be directed to supply the documents, as prayed for vide Annexure-5 and Petitioner be permitted to file her Written Statement of defence. 5. Learned Addl. Standing Counsel has no serious objection to the course of action proposed. 6. Having heard learned counsel appearing for the parties and considering the submission made, t is found that the proceeding in question was initiated against the Petitioner vide Memorandum dt.24.10.2025 under Annexure-4. After being served with the Memorandum and as found, Petitioner made a detailed application before Opp. party No.2 on 3.10.2025 under Annexure-5 with a prayer to supply various documents so that she can file her written statement of defence. But as found, prior to supply of the documents as prayed for, vide the impugned order dt.24.12.2025, Opp. party No.2 has appointed the Inquiry Officer and the Marshalling Officer. 7. Since documents as prayed for by the Petitioner under Annexure-5 has not yet been provided and no written statement of defence has been filed in the proceeding initiated only on 24.10.2025, this Court while disposing the Writ Petition directs Opp. Party No.2 to supply the documents as prayed for under Annexure-5 and/or relevant for the purpose of filing of the Written statement of defence by the Petitioner within a period of 2 (two) weeks hence. 7.1. On being provided with the documents, Petitioner be allowed 4(four) weeks time to file his written statement of defense and thereafter Opp. party No.2 may proceed with the proceeding in accordance with law in which this Court expresses no opinion. Petitioner is directed to provide a copy of this order before Opp. party No.2 by 4th February, 2026 for doing the needful. 8. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita