Orissa High Court
Aswini Kumar Das vs State Of Odisha And Others .... Opp. ... on 3 August, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24630 of 2023
Aswini Kumar Das .... Petitioner
Mr. S. Biswal, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. T. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 03.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto.
3. The present writ petition has been filed by the petitioner with the following prayers:
"The petitioner therefore prays that your Lordships would graciously be pleased to admit this writ application, issue notice to the Opp. Parties, call for the records and after hearing the parties allow the same with cost and issue writ / writs in the nature of certiorari/ mandamus quashing Annexure-2 on the malafide allegation of the director of Nursing / O.P. No.2 and further quashing Annexure-6 as the same is in violation of the GA Dept. letter under Annexure-10;
And further be pleased to direct the State Govt. / O.P. No.1 to consider the representation submitted by the petitioner being General Secretary of ONEA under // 2 // Annexure-1 and 11 to resolve the impasse between the petitioner and the Director of Nursing / O.P. No.2 for the interest of ONEA at large within a stipulated time and further be pleased to restrain the Opp. Parties / authorities to take any coercive action against the petitioner for the interest of ONEA at large;"
4. It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 15.07.2023 and 24.07.2023 under Annexure-1 and 11 respectively before the Commissioner-cum-Secretary to Government of Odisha, Health and Family Welfare Department, Bhubaneswar-Opposite Party No.1, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.
5. Learned counsel for the State submits that he has no objection, if a direction is given to the Commissioner-cum-Secretary to Government of Odisha, Health and Family Welfare Department, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner in accordance with law within a stipulated period of time.
6. Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Commissioner-cum- Secretary to Government of Odisha, Health and Family Welfare Department, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated representation dated 15.07.2023 and 24.07.2023 under Annexure-1 and 11 respectively in accordance with law within a period of four weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of // 3 // by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.
7. Further, it is open to the Opposite Party No.1 to provide an opportunity of hearing to the petitioner before taking final decision on the representation dated 15.07.2023 and 24.07.2023 under Annexure-1 and 11 respectively. Till final decision, no coercive action shall be taken against the petitioner.
8. With the aforesaid observation/direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC,CUTTACK Date: 04-Aug-2023 12:06:00