The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.129 of 2024 Dr. Ashok Kumar Mishra State of Odisha & others -versus- …. Mr. Subir Palit, Sr. Advocate Petitioner …. Opposite Parties Mr. A.P. Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 08.01.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. A memo of appearance in favour of Mr. Subir Palit, learned Senior Advocate is filed by the learned counsel for the Petitioner to plead for the Petitioner, which is kept on record. 3. Heard learned Senior counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 4. The present Writ Petition has been filed by the Petitioner with the following prayer : “Under the aforesaid facts and circumstances, it is, therefore, most humbly and most respectfully prayed that, this Hon’ble Court be graciously be pleased to issue a writ of "CERTIORARI" and such other appropriate writ, thereby quashing \ modifying of impugned order dated 28.12.2023; And further be pleased to direct the Opp. Parties / Authorities to impose stay on the post of superintendent; And further be pleased to pass any such other or further writ or writs or order/ orders and / or direction or directions as would be deemed fit and proper by this Hon’ble Court under the facts and circumstances of the present case;” The sole grievance of the Petitioner in the present writ 5. application is that the Petitioner, who was functioning as a Medical // 2 // Officer and belongs to AD-II category was given additional charge of Superintendent of Barchana CHC by delegating administrative and financial power in respect of the establishment of Superintendent of CHC, Barchana till joining/ posting of regular Superintendent at CHC, Barchana vide order dated 27.12.2022 by the Director by the Director of Health Services, Odisha. While the Petitioner was continuing as the Superintendent of CHC Barchana pursuant to the order under Annexure-1 passed by the Opposite Party No.1, another order was passed by the CDM & PHO, Jajpur thereunder on dated 28.12.2023 whereunder the Petitioner has been asked to hand over charge to Dr. Rashmiranjan Pasayat, BPHO, CHC Barchana, who has been asked to take over charge of M.O., I/C CHC Barchana with all financial and administrative power from the Petitioner immediately. Being aggrieved by such order dated 28.12.2023 under Annexure-2, the Petitioner has approached this Court by filing the present writ application. 6. In course of his argument, learned Senior counsel submitted that the Petitioner has submitted the representation before the CDM & PHO, Jajpur as well as Director of Health Services, Odisha on 29.12.2023 under Annexure-3 series, however, no decision has been taken on such representation of the Petitioner. Learned Senior counsel for the Petitioner further contended that Dr. Rashmiranjan Pasayat, who has been posted at Barchana CHC as BPHO is junior to the present petitioner. He further contended that the Petitioner was given power of Superintendent of CHC by an order passed by the Opposite Party No.1. However, the CDM & PHO, Jajpur-Opposite Party No.3 has passed an order dated 28.12.2023 under Annexure-2 thereby directing the Petitioner to hand over the charge including the financial & administrative power to a Junior person, which is in direct conflict the order passed by the Opposite Party No.1 under Annexure-1 to the writ application. 7. Learned Additional Standing Counsel, on the other hand // 3 // contended that the order under Annexure-1 clearly reveals that the Petitioner was regularly posted as M.O. at Chhatia PHC and he was delegated the power of Superintendent of Barchana CHC for smooth management of the official transaction of the CHC till joining/ posting of regular Superintendent of Barchana CHC. Since the Dr. Rashmiranjan Pasayat has been posted at Barchana CHC, the CDM & PHO, Jajpur-Opposite Party No.3 has asked the present Petitioner to hand over the financial and administrative power to above named Dr. Rashmiranjan Pasayat, who has been posted at Barchana CHC as M.O. In-charge. In such view of the matter, learned Additional Standing Counsel submitted that the Opposite Party No.3 has not committed any illegality in passing the order dated 28.12.2023 under Annexure-2 to the writ application. Further, submitted that the present writ application is devoid of merit and accordingly, the same should be dismissed. 8. Having heard the learned counsels appearing for the respective parties and on a careful consideration of the background facts of the present case and materials on record, this Court observed that the Petitioner, who is a regular M.O. of Chhatia CHC has been delegated the power of the Superintendent by virtue of order under Annexure-1 of the Opposite Party No.1, which was passed on 27.12.2022. While the Petitioner was continuing to discharge the additional duties of the Superintendent of the CHC, the CDM & PHO, Jajpur has passed the order under Annexure-2 thereby directing the Petitioner to hand over financial and administrative power to Dr. Rashmiranjan Pasayat. Further taking into consideration the submission made by learned Senior counsel for the Petitioner that the above named Dr. Pasayat is junior to the Petitioner and he has only been posted as M.O. in-charge of Barchana, CHC, this Court is of the view that no regular appointment has been made to the post of Superintendent of Barchana, CHC. Therefore, the order passed by the Opposite Party No.1 on 27.12.2022 continued to remain in force till a regular Superintendent is appointed to // 4 // the CHC, Barchana. However, on a further reveals that the orders under Annexures-1 & 2, this Court is of the view that the same is some of conflicting each other. In the aforesaid factual backdrop, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to file a fresh representation taking therein all the grounds along with all supporting documents before the Opposite Party No.1. In the event, the Petitioner approaches the Opposite Party No.1 along with a certified copy of today’s order within a week from today, the Opposite Party No.1 shall do well to consider the case of the petitioner strictly in accordance with law and keeping in view the factual background of the present case and pass necessary final order within three weeks from the date of filing of such fresh representation by the petitioner. The final order so passed be communicated to Petitioner within a week thereafter. It is further directed that till a decision is taken on the representation of the Petitioner as has been directed hereinabove, the order under Annexure-2 shall not be given effect to for a period of six weeks in the event the Petitioner has not handed over the charge to Dr. Rashmiranjan Pasayat. It is further made clear that while considering the representation of the Petitioner the Opposite Party No.1 shall also provide an opportunity to Dr. Rashmiranjan Pasayat in the event the above named Dr. Pasayat is likely to be affected by any order passed by the Opposite Party No.1. 9. With the aforesaid observations/ directions, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Jan-2024 14:47:52