The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.39225 of 2023 Amara Kumar Behera …. Petitioner Mr. D. Mishra, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. 17. 1. This matter
Decision
ORDER 21.08.2025 taken up is through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: Under the aforesaid facts and circumstances, it is, therefore, prayed that this Hon’ble Court may be graciously pleased to issue a “Rule-Nisi” calling upon the Opposite Parties to show-cause as to why a writ in the nature of mandamus or any other appropriate writ or writs shall not be issued quashing the order dtd.15.09.2023 under Annexure-5 and consequentially directing the Opp. Party No.1 to issue necessary instructions to Opp. Party No.4 to release full salary for the period from 24.05.2020 to 25.02.2022 along with due and admissible increments and allowances and upon causes shown, if any, or upon insufficient causes shown the said rule be made absolute. // 2 // And Pass such other order/orders and/or writ/writs as this Hon’ble Court may deem fit and proper. And for this act of your kindness, the Petitioner shall ever pray. 4. It is contended that Petitioner while in service when a proceeding was initiated against the Petitioner vide Memorandum dt.19.01.2015 and 2nd show-cause was issued, proposing the punishment of dismissal from service with other punishments, the matter was carried to the Tribunal in OA No.1493(C ) of 2018. Even though the Tribunal passed an interim order on 09.07.2018 to the effect that the proceeding shall not be finalized without the leave of the Tribunal, but during subsistence of the said interim order, Petitioner was terminated from his services vide order dt.15.05.2020. 4.1. Petitioner when filed an Interim Application challenging such order of dismissal passed during subsistence of the interim order in I.A. No.150 of 2021, the order of termination so passed on 15.05.2020 was quashed by this Court in its order dt.25.02.2022 under Annexure-1. Basing on such order passed, Petitioner was re-instated in his service, where he joined on 07.03.2022 as reflected in Annexure-3. 4.1. Learned counsel appearing for the Petitioner contended that since during subsistence of the interim Page 2 of 5 // 3 // order, Petitioner was dismissed from his services vide order dt.15.05.2020 and he remained out of employment for such illegal order of dismissal which was interfered with by this Court in I.A. No.150 of 2021 vide order dt.25.02.2022 under Annexure-1, Petitioner for the period he remained out of employment is entitled to get all service and financial benefit. It is accordingly contended that Opp. Parties be directed to release the salary as due and admissible for the period 24.05.2020 to 25.02.2022. 5. Learned Addl. Govt. Advocate basing on the stand taken in the counter affidavit on the other hand contended that Petitioner was dismissed from his services vide order dt.15.05.2020 and he remained out of employment till he rejoined on 07.03.2022, after the order of dismissal was interfered with by this Court in I.A. No.150 of 2021 vide order dt.25.02.2022 under Annexure-1. Since Petitioner never discharged his duty for the period 24.05.2020 to 25.02.2022, he is not eligible and entitled to get the benefit of salary as claimed. 6. Having heard learned counsel for the parties and considering the submission made, this Court finds that in the proceeding so initiated vide Memorandum dt.30.06.2018, when the 2nd show-cause was issued proposing therein to dismiss the Petitioner from his Page 3 of 5 // 4 // services, the matter was challenged before the Tribunal in OA NO.1493(C) of 2018. The Tribunal vide order dt.09.07.2018 passed an interim order by holding therein that the proceeding should not be finalized without the leave of the Tribunal. On the face of such interim order, when Petitioner was terminated from his services vide order dt.15.05.2020, Petitioner challenging the same filed I.A. NO.150 of 2021 in WPC(OAC ) No.1493 of 2018. As found, this Court vide order dt. 25.02.2022 under Annexure-1, quashed the said order and restored the position as existing prior to issuance of the impugned order. Direction issued by this Court in the said I.A reads as follows: “ As has already been held hereinabove, the Government by issuing the impugned order without obtaining leave of the Tribunal despite clear orders to do so must therefore be held to have acted in violation thereof for which the impugned order has to be treated as a nullity in the eye of law and is therefore, held as such. Consequently, the impugned order is set aside and the parties are restored to the position as existing prior to issuance of the impugned order. Further, the opposite party authorities are restrained from passing any final order in the disciplinary proceeding till finalization of the writ petition. 6.1. It is found that pursuant to such order passed by this Court on 25.02.2022, Petitioner was re-instated where he joined on 07.03.2022 as found from Annexure-3. Page 4 of 5 // 5 // 6.2. Since during subsistence of the Interim order, Petitioner was dismissed from his services vide order dt.15.05.2020 and he was re-instated after the same was interfered with by this Court vide order dt.25.02.2022 under Annexure-1, it is the view of this Court Petitioner is eligible and entitled to get the benefit of salary for the period he was kept out of employment for such wrong order of dismissal. 6.3. Therefore, while disposing the Writ Petition, this Court directs Opp. Party No.1 to release the salary as due and admissible for the period 24.05.2020 to 25.02.2022 within a period of six (6) weeks from the date of receipt of this order. 6.4. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authenticaton of order Location: high court of orissa, cuttack Date: 01-Sep-2025 19:14:24 Page 5 of 5