The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6347 of 2025 Ugrasen Guntha ..... Petitioner Represented By Adv. - Sankaracharya Choudhury -versus- State Of Odisha and others ..... Opposite Parties
Legal Reasoning
Ms. Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 05.03.2025 Order No. 01. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: that therefore prays “The petitioner this Hon’ble Court may graciously be pleased to admit this writ petition, issue notices calling upon the opp. Parties to show cause and after hearing the parties be pleased to quash the rejection order dated 20.09.2021 vide Annexure Page 1 of 5. - 7 with a direction to the opp. Party No. 2 to re- consider the representation of the petitioner dated 24.05.2017 vide Annexure-4 within a stipulated time with providing an opportunity of personal hearing to the petitioner in accordance with Sub-Section (3) of Section 8 of the Orissa Home Guards Act, 1961 readwith Article-311 (2) of the Constitution of India. And/or pass any other order / orders to which your lordship’s may deems fit and proper to secure the ends of justice.” 4. It is stated by learned counsel for the Petitioner that the Petitioner was initially appointed as a Home Guard in the Malkangiri District on 16.12.2009. While working as such, the Petitioner remain on leave. It is stated by learned counsel for the Petitioner that the Petitioner remain absent as his father was suffering from serious illness and bed-ridden. Thereafter, the father of the Petitioner was passed away on 09.06.2012. In the meantime the Petitioner was issued with a show cause notice due to his long absence of service. Although the Petitioner submitted his reply to the show cause on 23.09.2013, however, without considering such reply and without providing any opportunity of hearing to the Petitioner, the Petitioner was dispatched from service on 01.06.2014. Thereafter, the Petitioner submitted a representation before the Opposite Party No.2, i.e. the Commandant General, Home Guards, Odisha on 24.05.2017. Since no action was taken to the representation, the Petitioner approached this Court earlier by filing W.P.(C) No.15891 of 2021, a Coordinate Bench of this Court disposed of the writ petition vide order dated 20.07.2021. Vide order dated 20.07.2021, the Coordinate Bench Page 2 of 5. while setting aside the discharged order was remitted back to the Commandant General, Home Guards, Odisha, Cuttack to consider the grievance of the Petitioner by providing him an opportunity of hearing of the Petitioner in compliance of the provisions contained in Section 8(3) of the Odisha Home Guards Act, 1961 and pass necessary orders. 5. Although the Petitioner has approached the Commandant General, Home Guards, Odisha by filing a representation after disposal of his writ petition on 20.07.2021, the Commandant General vide his order dated 12.08.2021 under Annexure-6 to the writ petition rejected the representation on the ground that Home Department, Govt. of Odisha has imposed a ban on recruitment vide notification dated 22.02.2020 and the existing vacancies in the rank of Home Guard were abolished by the aforesaid order. In such view of the matter, the representation was disposed of by the Commandant General, Home Guards, Odisha by taking a ground that it is not possible to consider of such representation of the Petitioner. 6. Learned counsel for the Petitioner at the outset contended that the ban order of the Govt. of Odisha vide letter dated 22.02.2020 and 23.07.2020 would not be applicable to the facts of the Petitioner’s case as the Petitioner was already in service and he had approached the Opposite Parties against the punishment that had been imposed on him. Therefore, the case of the Petitioner is not a case of fresh recruitment and as such the order imposing on the recruitment of Home Guards is applicable to the facts of the Petitioner’s case. He further contended that in the meantime the Govt. of Odisha has already lifted the ban order vide order dated 20.01.2025 under Page 3 of 5. Annexure-8 to the writ petition. In such view of the matter, learned counsel for the Petitioner contended that the case of the Petitioner be reconsidered in terms of order dated 20.07.2021 passed by this Court in W.P.(C) No.15891 of 2021. 7. Learned counsel for the State on the other hand contended that the case of the Petitioner was considered pursuant to the order passed in the earlier writ petition dated 20.07.2021. Accordingly, the Commandant General vide his order dated 12.08.2021, has disposed of the representation of the Petitioner. He further contended that in view of the subsequent development of lifting of the ban order, the Petitioner should have approached the Opposite Parties by filing the present writ petition. Accordingly, she further contended that even this Court directs the Opposite Party No.2 to consider the case of the Petitioner afresh in view of the letter development vide letter dated 25.01.2025 under Annexure-8 to the writ petition and in accordance with law, she will have no objection to the same. 8. Having heard the learned counsels appearing for the respective parties, on a careful analysis of the submissions made by the counsels appearing from both sides, further on a close scrutiny of the documents annexed to the writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a fresh and detailed representation by taking therein all the grounds along with all supporting documents within two weeks from today. In such eventuality the Opposite Party No.2 shall do well to consider the same in accordance with law and by taking into consideration the order passed by this Court on 20.07.2021 and dispose of the Page 4 of 5. representation by passing a speaking and reasoned order within a period of two months from the date of communication of a certified copy of today’s order by the Petitioner. The final decision so taken be communicated to the Petitioner within ten days thereafter. 9. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Page 5 of 5. Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Mar-2025 17:26:33