The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C)No.25316 of 2023 Kalakar Baghsingh …. Petitioner Mr.Nihal Rath, Advocate -versus- Chairman, Odisha Mining Corporation Limited, Bhubaneswar and others …. Opposite Parties
Decision
CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 16.07.2024 Order No. 03. W.P.(C) No.25316 of 2023 and I.A. No.14828 of 2023 This matter is taken up through Hybrid Mode. 2. Heard Mr. Nihal Rath, learned counsel appearing for the petitioner and Mr. P.K. Muduli, learned counsel appearing for the opposite parties. 3. On 09.08.2023 this Court passed the following order:- “ xxx xxx W.P.(C) No.25316 of 2023 xxx 2. Heard learned counsel for the petitioner. 3. Two extra copies of the writ petitionbe served on Mr. P.K. Muduli, learned counsel, who usually appears for Odisha Mining Corporation Limited within three working days. 4. List this matter in the week commencing from 28th August, 2023. I.A.No.12137 of 2023: 5. Extra copies of the Petition be served on Mr. P.K. Muduli, learned counsel who usually appears for Odisha Mining Corporation Ltd.. 6. In the interim, it is directed that the proceeding against the Petitioner may proceed; however, no final decision shall be taken without leave of this Court.” Page 1 of 5 4. Mr. P.K. Muduli, learned counsel for the opposite parties-Odisha Mining Corporation Ltd. submitted that though in the aforesaid order dated 09.08.2023, this Court directed the petitioner for service of copy of writ petition on learned counsel for the opposite parties, as on date, the same have not been complied with. He further submitted that the Disciplinary Authority of Odisha Mining Corporation on participation of the petitioner in the disciplinary proceeding has passed final order before the aforesaid interim order passed in W.P.(C) No.25316 of 2023 being communicated. It is also brought to the notice of this Court that seeking to challenge the final orders passed in the disciplinary proceeding, the petitioner has approached this Court by way of filing another writ petition, being W.P.(C) No. 27107 of 2023, wherein the following order has been passed on 24.08.2023. “2. Heard learned counsel for the Petitioner. 3. It is submitted by the learned counsel for the Petitioner that earlier the Petitioner has approached this Court by filing W.P.(C) No.25316 of 2023 alleging irregularities in the Disciplinary Proceeding against the Petitioner. This Court after hearing learned counsel for the Petitioner issued notice to the Opposite Parties and as an interim, in I.A.No.12137 of 2023 it was directed that the proceeding against the Petitioner may proceed, however no final decision shall be taken without leave of this Court. on 09.082023 4. In the present Writ Petition, the Petitioner alleges that although order was passed on 09.08.2023 by this Court, the Opposite Party-Corporation has passed the final order punishment of compulsory retirement on the Petitioner. In such view of the matter, it is submitted that the same is in violation of the order of this Court dated 09.08.2023. 5. In view of the aforesaid facts, this Court is inclined to hear further in the Writ Petition and accordingly issue notice to the Opposite parties. Since Mr. Saswat Das, learned counsel accepts notice on behalf of all the Opposite Parties, four extra copies of the Writ Petition imposing Page 2 of 5 be served on him. Learned counsel for the Petitioner is further directed to serve a copy of the Writ Petition in W.P.(C) No.25316 of 2023 on Mr.Saswat Das, learned counsel appearing for Odisha Mining Corporation Limited within three working days. Mr.Das, learned counsel shall also obtain instruction in the matter. 6. List this matter in the week commencing from 25th September, 2023. I.A.No.12949 OF 2023 : 7. As an interim, it is directed that the order dated 09.08.2023 under Annexurre-9 shall not be given effect to till the next date. 8. Issue urgent certified copy in course of the day.” 5. Mr. Muduli, learned counsel for the opposite parties submitted that in view of such development, the prayers made in the present writ petition has been rendered infructuous and, therefore, the Odisha Mining Corporation Ltd. has filed I.A. No.14828 of 2023 for vacation of order dated 09.08.2023 passed in W.P.(C) No.25316 of 2023. 6. Mr. Nihal Rath, learned counsel for the petitioner at this stage submitted that he has filed objection in the said I.A., wherein at Paragraphs 4 and 5, the following has been quoted hereunder: “4. That, in reply to para-3 and 4 of the I.A. petition, the petitioner humbly submitted that on the very same day the interim order passed in the writ petition, the disciplinary authority cunningly has passed the final order in the disciplinary proceeding which is in violation of the order of this Hon’ble Court dated 9.08.2023. Hence, two extra copies of the writ petition has not been served upon Mr. P.K. Muduli within three working days, as IA No.12137/2023 had became infructuous. Then subsequently challenging the final order dt. 09.08.2023 passed in the disciplinary proceeding, the petitioner has approached in W.P.(C) the Hon’ble Court No.27107/2023. The petitioner has highest respect to the order of this Hon’ble Court and never stated any subject matter the in Page 3 of 5 falsehood. Further, this Hon’ble Court vide order dt. 24.8.2023 has issued notice to the Opp. Parties in W.P.(C) No.27107/2023 and directed for service of four extra copies upon Mr. Saswat Das, learned counsel for Odisha Mining Corporation Ltd. and in I.A. No.12949 of 2023 it is directed that, as an interim the order dt.9.08.2023 under Annexure-9 shall not be given effect to till the next date. As per the direction of this Hon’ble Court, copies of writ petitions have been served upon the counsel for the Opp. Parties on 25.08.2023. Further, the said orders were also served on the Opp. Parties through registered post on 26.08.2023. Under the above facts and circumstance, the petitioner has not served the copies of writ petition in W.P.(C) No. 25316 of 2023. Copy of intimation letter along with pasted postal receipts and memo showing receipt of writ petition in WP(C) No.27107/2023 are annexed herewith as Annexure-7 and 8 respectively. 5. That, in reply to para-6 and 7 of the I.A. petition, it is humbly submitted by the petitioner that the petitioner has never resorted to any falsehood while approaching this Hon’ble Court in W.P.(C) No.27107 of 2023 challenging the order dt.9.8.2023 passed in disciplinary proceeding. Rather, the Opp. Parties in violation of order of this Hon’ble Court in IA No.12137 of 2023 has passed the final order in the departmental proceeding. In view of the interim order of this Hon’ble Court, the petitioner is continuing in his service and if the order dt.9.08.2023 will be vacated the petitioner will be suffer injury which cannot be irreparable compensated in any manner. Hence, for the interest of justice, the interim order may not be vacated.” loss and 7. At this stage Mr. Nihal Rath, learned counsel for the petitioner submitted that he furnishes a memo before this Court reciting that the present writ petition has been rendered infructuous, which is taken on record. Page 4 of 5 8. In view of the fact that the Disciplinary Authority has already passed a final order, which is under challenge in the writ petition, bearing W.P.(C) No.27107 of 2023 and interim order has been passed therein, this Court has no other option but to dispose of the writ petition, being W.P.(C) No.25316 of 2023, as the same has been rendered infructuous, as conceded by counsel for the respective parties. 9. All the interim orders passed in the writ petition stand vacated. Suchitra (M.S. Raman) Judge Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2024 17:37:46 Page 5 of 5