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2026 DAILYLAW 5898 (ORI)

BUDDHADEB PRASAD JENA v. STATE OF ODISHA

WP(C)/9450/2026 · 2026-04-21

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9450 of 2026 Buddhadeb Prasad Jena &. Petitioner Mr. G.C. Swain, Advocate -versus- State of Odisha & Ors. &. Opposite Parties Mr. S. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 21.04.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Pursuant to the order dtd.30.03.2026, learned Addl. Standing Counsel produced the instruction in Court with service of copy on the learned counsel appearing for the Petitioner. The same be kept in record. 4. Basing on the instruction, it is contended that though the authority concerned is ready and willing to provide the documents but Petitioner is not coming forward to receive the same. p. 2 p. 2 5. It is accordingly contended that all those documents in the meantime have been sent by Speed Post on 15.04.2026. 6. Learned counsel appearing for the Petitioner on the other hand contended that Opposite Party No.3 is not providing the documents in spite of approach being made time and again. Because of non-supply of the documents and when the Enquiry Officer was appointed, Petitioner under compelling circumstances filed his written statement of defence. 6.1. It is also contended that in the meantime, the Enquiry Officer so appointed after completing the enquiry has already submitted his report. However, Petitioner was prejudiced because of non-supply of documents, which is a statutory right of the Petitioner as provided under Rule-15(3) of the OCS (CCA) Rules, 1962. 6.2. It is accordingly contended that after being provided with the documents, Petitioner be allowed to file a fresh written statement of defence and the enquiry be conducted afresh. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition directs the Petitioner to appear before Opposite Party No.3 on 27.04.2026. On his appearance on 27.04.2026, the documents as required for filing of the written statement of defence afresh be p. 3 p. 3 provided without fail. Petitioner be allowed time till 08.05.2026 to file his reply afresh. After filing of a fresh written statement of defence, the authority shall proceed with the enquiry and dispose of the proceeding in accordance with law as expeditiously as possible, in which this Court expresses no opinion. Petitioner however is directed to co-operate for disposal of the proceeding. 8. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat