Orissa High Court
Rabindra Prusty vs State Of Orissa & Others. .... Opposite ... on 13 July, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18059 of 2021
Rabindra Prusty .... Petitioner
Mr.J.K. Rath,
Sr. Advocate
-versus-
State of Orissa & others. .... Opposite Parties
Mr. D. Mohapatra,
Standing Counsel
CORAM:
JUSTICE BISWANATH RATH
ORDER
13.07.2021 Order No.
02. 1. This matter is taken up through video conferencing mode.
2. A legal point has been raised by Mr.Rath, learned Senior Advocate appearing on behalf of the Petitioner that though there is provision for recalling of the grant-in-aid on the premises available as when grant of grant-in-aid or withdrawal of grant-in-aid involves an Institution; whether the authority is justified in issuing a notice under Section-7(D) of the Orissa Education Manual involving withdrawal of the grant-in-aid against an Individual more particularly the employee in question is concerned?
3. On reading of the provision at Section-7(D), this Court prima facie satisfy with the submission of Mr. Rath, learned Senior Advocate and direct for issuing notice on opposite parties to correct his order. There is also further allegation that since the earlier writ petition has been entertained with an interim order, the same is Page 1 of 3 // 2 // required to be complied with by the Officer concerned. In spite of directions through first contempt and even after disposal of second contempt, the Officer concerned is also busy in his action and thereby attempting to overreach the interim direction of this Court by issuing the impugned order.
4. Issue notice on the question of admission.
5. Since the Opposite Party Nos. 1 to 3 will be represented by the learned State Counsel, no notice be issued to them. Let three extra copies of the brief be served on the learned State Counsel for within five working days hence.
6. Notice be issued to Opposite Party No.4 by way of Registered Post with A.D./Speed Post with A.D., fixing a short returnable date. Requisites shall be filed within five working days.
7. For wrong alleged apparent in view of provision taken note hereinabove it is made clear that pendency of writ shall not stand on the way of opposite parties in rectifying their mistake involved herein.
8. Counter affidavit, if any, be filed with service of a copy thereof on the learned counsel for the Petitioner within a period of six weeks from the date of receipt of a copy of the brief. Rejoinder affidavit, if any, thereto shall also be filed with service of a copy thereof on the learned counsel for the respective Opposite Parties within a period of two weeks thereafter.
9. List this matter on 1.09.2021.
(Biswanath Rath) Judge Page 2 of 3 // 3 // I.A. NO.8227 of 2021 Order No.
03. 1. Issue notice as above.
2. Accepts one set of process fee.
3. As an interim measure, this Court directs, no coercive action pursuant to the impugned orders under Annexures-15 & 16 shall be taken against the Petitioner for a period of eight weeks.
4. 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, P.A. Page 3 of 3