Achyutananda Nayak vs Commissioner cum Secretary S & ME, Odisha And Others

I.A. No. 17055 of 2021

This is an application by Opposite Party No.7 seeking recall of the order dated 21st  January, 2021 passed by this Court in W.P.(C) No.17293 of 2020. The admitted position is that the said order disposing of the writ petition was passed by this Court without notice to Opposite Party No.7. By the said order a direction was issued to the District Education Officer, Bhadrak (Opposite No.4) to conclude the Disciplinary Proceedings against Opposite Party No.7 and take a decision by a reasoned order not later than 1st March, 2021.

Pursuant to the said order, the Disciplinary Enquiry concluded and the Opposite Party No.7 was disengaged by an order dated 4th October, 2021.

The grievance of the applicant/ Opposite Party No.7 is that he had filed O.A. No. 714 (c) of 2017 before the Odisha Administrative Tribunal (OAT) questioning the departmental proceedings and in that O.A. an interim order had been passed on 28th March, 2017 by the OAT stating that the Departmental Proceedings could continue but no final orders should be passed without leave of the OAT. It is stated that after abolition of the OAT the said petition stood transferred to this Court and has been registered as W.P. (C) O.A. No. 714 (c) of 2017. It is pending in this Court.

It is only by virtue of the order passed by this Court in the present writ petition on 21st January, 2021 the disciplinary proceedings have now got concluded and on contrary to the interim order passed by the OAT and those facts are not placed before this Court when the order dated 21.1.2021 was passed.

Counsel for the Opposite Party No.7 accordingly urges that the Court should now direct the order of disengagement passed on 4th October, 2021 to be kept in abeyance.

While it is true that notice was not issued to Opposite Party No.7 when the aforementioned order dated 21st January, 2021 was passed by this Court and further that the fact of pendency of writ petition by Opposite Party No.7 before the OAT was not brought to attention of this Court, the fact is that for over 8 months now the order dated 4th October, 2021 has already been operational. In other words the Opposite Party No.7 already stands disengaged for the past eight months.

In the circumstances, while not acceding to the prayer of the applicant Opposite Party No.7 to keep the order dated 4th October, 2021 in abeyance, the Court permits Opposite Party No.7 to question the said order in accordance with law in appropriate proceedings. In view of the above developments, the Court is not inclined to pass any further directions in this application. It is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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