Orissa High Court
Ranjan Kumar vs State Of Odisha And .... Opposite ... on 8 September, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 29194 of 2023
Ranjan Kumar .... Petitioner
Sharma
Mr. J.Gupta,
Advocate
-Versus -
State of Odisha and .... Opposite Parties
Others
Additional Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_ 08.09.2023 Order No. 1. This matter is taken up through hybrid mode.
01. 2. The petitioner has approached this Court seeking the following relief:
The petitioner therefore, humbly prays that the Hon'ble Court may be graciously pleased to allow this writ application, issue notices to the opposite parties for show-cause and further be pleased to issue a writ of Mandamus/ Certiorari or any other direction(s) which will deem fit and proper to this writ application by directing the Opp.Parties particularly to O.P.No.3 i.e. Collector, Kendrapara to intruct the B.D.O., Kendrapara i.e. O.P.No. 5 to disburse the differential arrear salary from 03.01.2020 to 10.02.2021 treating the suspension period as per order of the Collector, Kendrapara dated 03.02.2021 in Misc. Case No. 40/2020 vide Annexure-7 by quashing of so-called Departmental Proceeding as mentioned in the second part of order dated 03.02.2021 in Misc. Case No. 40/2020 of Collector, Kendrapara for framing Charge sheet against the petitioner illegally with cost. And further be pleased to direct the Collector, Kendrapara to finalise his representation vide Annexure-9 within a stipulated period.
3. As the disciplinary proceeding against him had not been finalized, the petitioner approached this Court in writ application being W.P.(C). No. 16937 of 2020, which was disposed of by directing the Collector-cum-
Chairman, Zilla Parisad, Kendrapara to take a decision on the Page 1 of 2 representation filed by the petitioner within a stipulated period.
4. Pursuant to such order the Collector, Kendrapara vide order dated 03.02.2021 while directing reinstatement of the petitioner in Government Service and revocation of his suspension, also directed the BDO, Rajnagar to release the pending subsistence allowance if any in favour of the petitioner and to frame charge-sheet and forward the same to the Disciplinary Authority for approval within a period of 7 days.
5. It is submitted by Mr. J. Gupta, learned counsel for the petitioner that despite such clear order no charge memo has been served as yet upon the petitioner, but in the meantime, by order dated 22.03.2021 he has been posted at Gadadharpur Block and subsequently transferred to Kendrapara Block. It is submitted that despite such reinstatement, the petitioner has not been paid his current salary from the year 2021.
6. Such being the case, this Court deems it proper to dispose of the writ application directing the Collector, Kendrapara to ensure that his order dated 03.02.2021 is complied with within 7 days and all steps are taken to release the pending and current dues of the petitioner within a further period of 7 days.
7. The Collector, Kendrapara shall act upon the certified copy of this order to be produced by the petitioner.
8. The writ petition is disposed of accordingly.
(Sashikanta Mishra) Judge Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location:deepak OHC, Cuttack Date: 12-Sep-2023 19:39:33 Page 2 of 2