CUTTACK, India, April 6 -- Orissa High Court issued the following order on March 5:
1. Heard Mr. B. Routray, learned Senior Counsel along with Mr. J. Biswal, learned counsel for the petitioner and Mr. P.K. Panda, learned Addl. Standing Counsel for the State.
2. The present Writ Petition has been filed inter alia with the following prayer: -
"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to
i) Admit the writ application.
ii) Call for the record.
iii) Issue Rule Nisi calling upon 0pp. Parties more particularly 0pp. Party No.1 and 2 to show cause as to why the order No.11911 dtd. 11.12.2017 under Annexure-8, Order No.5931 dtd. 23.10.2019 under Annexure-10 and Order No. 6285 dtd. 01.09.2023 under Annexure-12 shall not be quashed.
iv) If the 0pp. Parties more particularly 0pp. Party No.2 and 3 fails to show cause or show insufficient cause issue a writ in the nature of certiorari or any other appropriate writ/writs, order/orders, direction/directions by quashing the order No.11911 dtd. 11.12.2017 under Annexure-8, Order No.5931 dtd. 23.10.2019 under Annexure10 and Order No. 6285 dtd. 01.09.2023 under Annexure-12.
v) Issue a writ in the nature of mandamus or any other appropriate writ/writs, order/orders, direction/directions directing the opposite party No. 2 to treat the period of suspension from 03.03.2011 to 25.12.2011 as duty and consequentially allow all the service benefits and emoluments for the said period.
vi) And/or pass such other order/orders, direction/directions as the Hon'ble Court may deem fit and proper for the ends of justice."
3. It is contended that in the proceeding initiated against the petitioner vide Memorandum dated 28.04.2012 under Annexure-2, after completion of the enquiry under Annexure-4, petitioner was issued with the 2nd show-cause on 17.08.2017 under Annexure-6 by proposing the following punishment:-
"1. One increment to be stopped without cumulative effect.
2. The period of suspension with effect from 03.03.2011 to 25.12.2011 to be treated as such."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpIbSU5Ibkd2PnAGc44UvXdAz%2BE4rYtkfnk3CP6MOMeW5&caseno=WP(C)/38226/2023&cCode=1&cino=ODHC010937862023&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.