Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 6918 (ORI)

PRAFULLA KUMAR MOHAPATRA v. STATE OF ODISHA

WP(C)/8691/2026 · 2026-04-23

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8691 of 2026 Prafulla Kumar Mohapatra …. Petitioner Mr. K.C. Sahu, Adv. -versus- State of Odisha & Ors. …. Opp. Parties Mr. S.P. Das, ASC CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 23.04.2026 3. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Parties. 3. Even though the present Writ Petition has been filed inter alia challenging the impugned order dated 21.08.2025 under Annexure-8 wherein claim of the Petitioner to get the benefit of reinstatement with revocation of order of suspension has been rejected, but this Court taking into account the nature of the charges framed against the Petitioner in the memorandum dated 01.03.2025, is of the view that no illegality or irregularity has been committed by the authority while rejecting the prayer of the Petitioner to get the benefit of reinstatement with revocation of the order of suspension. 4. However, taking into account the submission that Petitioner because of his suspension w.e.f. 17.10.2024, has become entitled to get subsistence allowance at the rate of 75% in terms of the provisions contained under the proviso to Rule 90(1) of the Odisha Service Code and his claim has been recommended vide letter dated 06.12.2025 under Annexure-9, this Court while not inclined to interfere with the impugned order dated 21.08.2025, direct Opp. Party No.2 to take a decision on the request forwarded to him on 06.12.2025 under Annexure-9 as expeditiously as possible preferably within a period of four(4) weeks from the date of receipt of this order. 5. If on consideration, it is found that Petitioner is otherwise entitled to get the benefit of higher subsistence allowance in terms of the aforesaid provisions, the same be released within the aforesaid period of four (4) weeks. 6. Accordingly, the Writ Petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti