Tapas Ranjan Hati v. State of Odisha & Ors.

Petitioner Ms. K.R.Choudhury, Advocate …. Opp. Parties Mr. S.Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA ORDER 20.02.2024

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto.

The present writ petition has been filed by the petitioner with the following prayers:

Under facts and in the circumstances stated above it is humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for and peruse the connected records so that conscionable justice can be done and after hearing the Petitioner's Counsel, be further pleased to:- i. Issue Rule NISI calling for the O.P.to show cause as to why the award of BLACK MARK to the petitioner shall not be quashed and if they show no/insufficient cause make the Rule absolute; ii. And further be pleased to direct the O.P. to decide the case of the petitioner in the light of principle settled by this Hon'ble Court in W.P.(C) NO.27484/2022. iii. Issue direction to the O.P. and/or their sub ordinates not to take any coercive action against the petitioner till the disposal of the writ petition. iv. And may pass any such other order(s)/direction (s) as this Hon'ble Court deemed just and proper.

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Learned counsel for the petitioner submitted that being aggrieved by the impugned order imposing punishment under Annexure-1 dated 24.07.2014, the petitioner has approached this Court. It was submitted by learned counsel for the petitioner that a disciplinary proceeding was initiated against the petitioner and an order of punishment has been passed on 24.07.2014 under Annexure- 1 to the writ application. As against the order of punishment the petitioner has preferred an appeal before the D.I.G. of Police Special Armed Police, Odisha, Cuttack on 16.08.2014. Learned counsel for the petitioner further contended that despite filing of such appeal, the departmental appellate authority has not considered the appeal and the same has not been disposed of as of now. In course of his argument learned counsel for the petitioner submitted that the facts of the petitioner’s case are squarely covered by a judgment of this Court in Biswajit Panigrahi V. State of Odisha and others in W.P.(C) No.27484 of 2022 vide judgment dated 19.05.2023. In such view of the matter, learned counsel for the petitioner submitted that the impugned order under Annexure-1 is unsustainable in law and as such the same is liable to be quashed.

It is submitted by learned Additional Government Advocate that the order impugned in the present writ application is an appealable order under PMR, 851 of Odisha Police Manual. In such view of the matter, learned Additional Government Advocate submitted that the petitioner should have approached the appellate authority instead of approaching this Court by invoking the jurisdiction under Article 226 of the Constitution of India. In such view of the matter, learned Additional Government Advocate submitted that the present writ application is not maintainable as on // 3 // effective statutory remedy is available to the petitioner.

Considering such submissions made by the learned counsel appearing for the respective parties, on a careful examination of the background facts as well as taking into consideration the provision contained in PMR, 851, this Court grants liberty to the petitioner to file appeal within two weeks from today along with an application for condonation of delay such appeal. In such event the Opposite Party No.2 shall do well to consider the case of the petitioner liberally and in the event delay is condoned by the Opposite Party No.2, the appeal be heard on merits and the same be disposed of by passing a speaking and reasoned order by taking into consideration the judgment of this Court in Biswajit Panigrahi V. State of Odisha and others in W.P.(C) No.27484 of 2022 vide judgment dated

19.05.2023 Within a period of three months from the date of communication of copy of this order. The final decision so taken be communicated to the petitioner within two weeks from the date of taking such decision.

With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Rubi ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 27-Feb-2024 10:34:22