Supreme Court - Daily Orders
Superintendent Of Police, Kandhamal vs Indrapati Behera on 24 January, 2025
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1006/2025
[@ SPECIAL LEAVE PETITION (CIVIL) NO.19033/2024
SUPERINTENDENT OF POLICE, KANDHAMAL & ANR. Appellant(s)
VERSUS
INDRAPATI BEHERA Respondent(s)
O R D E R
Leave granted.
2. Heard Ms. Samapika Biswal, learned counsel for the appellant(s). The respondent is represented by Mr. Anirudh Sanganeria, learned counsel.
3. The learned Government Counsel submits that the respondent, who was appointed as Assistant Driver in the Home Department, failed to disclose that he was involved in a criminal case. But subsequently when the criminal antecedent of the respondent came to light, after he was appointed, he was discharged from service. However subsequently, the respondent was acquitted on the benefit of doubt in the criminal case.
4. The State had filed writ appeal to challenge the Single Signature Not Verified Digitally signed by Judge’s order. But the learned Division Bench failed to Deepak Joshi Date: 2025.01.30 17:07:42 IST Reason: consider the same on merits and instead dismissed it on the ground of delay of 288 days, by placing reliance on State of 2 Odisha vs. Surama Manjari Das [W.P. (C) No.15763/2021].
5. In a matter like this, we are of the considered opinion that the challenge to the learned Single Judge’s order ought to have received consideration by the Division Bench on merits. The writ appeal therefore should not have been dismissed on the ground of delay.
6. Having reached the above conclusion, we deem it appropriate to set aside the impugned order dated 29.11.2023. The delay in the writ appeal stands condoned and the writ appeal is restored. The division Bench should accordingly consider the merit of the State’s appeal. It is ordered accordingly.
7. With the above order, the appeal stands disposed of. Pending application(s), if any, stand closed. Pending application(s), if any, stand closed.
.......................... J.
[ HRISHIKESH ROY ] .......................... J.
[ S.V.N. BHATTI ] NEW DELHI;
JANUARY 24, 2025
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ITEM NO.59 COURT NO.4 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).19033/2024
[Arising out of impugned final judgment and order dated 29-11-2023 in WA No. 2729/2023 passed by the High Court of Orissa at Cuttack] SUPERINTENDENT OF POLICE, KANDHAMAL & ANR. Petitioner(s) VERSUS INDRAPATI BEHERA Respondent(s) IA No.155930/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 155930/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 24-01-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) :
Ms. Samapika Biswal, AOR Mr. Aman Kumar Yadav, Adv. Ms. Mehak Kumar, Adv.
For Respondent(s) :
Mr. Anirudh Sanganeria, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending application(s), if any, stand closed.
[DEEPAK JOSHI] [KAMLESH RAWAT]
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed Order is placed on the File)