Dr. Manoj Kumar Pati vs Aicte & Others. .... Opposite Parties on 16 July, 2021

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Orissa High Court

Dr. Manoj Kumar Pati vs Aicte & Others. .... Opposite Parties on 16 July, 2021

Bench: Biswanath Rath

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.19861 of 2021

            Dr. Manoj Kumar Pati                  ....                      Petitioner
                                                                   Mr.D.Mohapatra,
                                                                         Advocate

                                            -versus-
            AICTE & others.                       ....               Opposite Parties



                       CORAM:
                       JUSTICE BISWANATH RATH
                                        ORDER

16.07.2021 Order No.

02. 1. This matter is taken up through video conferencing mode.

2. Heard Mr.D.Mohapatra, learned counsel for the petitioner.

3. This writ petition involves the following prayer:-

"The petitioner, therefore, most humbly prays that, this Hon'ble Court be gracious pleased to issue Rule Nisi calling upon the opposite parties to show cause;

As to why the order in Anneure-2, terminating the service of the petitioner shall not be quashed;

And as to why the petitioner shall not be allowed to continue in the service with all entitlements;

And as to why the opposite party No.4 shall not be directed to release all entitlements as claimed in Annexure-3 series.

And as to why the opposite party Nos. 1, 2 and 3

shall not be directed to take action against the opposite party No.4 in case of non-compliance of the payment claimed in Annexure-3 series.

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// 2 // And as to why there shall not be a direction to consider Annexure-5 to render justice to the petitioner and if the opposite parties fail to show cause or show insufficient cause to make to said rule absolute by issuance of an appropriate writ(s), order(s), direction(s) as this Hon'ble Court may deems just fit and proper, And/or to pass such other order(s), direction(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case.

And for this act of kindness, the petitioner shall as in duty bound ever pray."

4. As it appears, on the selfsame issue the Petitioner has already submitted his representation before the AICTE Authority i.e. Opposite Party No.1 vide Annexure-5. Mr.Mohaptra, learned counsel for the petitioner submits that not only the impugned order Annexuxre-2 is passed without providing opportunity of natural justice to an employee involving a matter of termination, but the same also remains contrary to the instruction issued by opposite party No.1 vide Annexure-4.

5. Considering the above, this Court directs the opposite party No.1-Member Secretary, All India Council for Technical Education, New-Delhi to consider the grievance of the petitioner Annexure-5 keeping in view the circular Annexure-4 and also the plea taken in the writ petition herein.

6. The entire exercise shall be completed within one and half months from the date of communication of a copy of this order along with a copy of the writ petition by the Petitioner.

7. With the above observation the writ petition is disposed of.

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// 3 //

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's notice No.4798, dated 15th April, 2021.

(Biswanath Rath) Judge K.K.Sahoo Page 3 of 3

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