High CourtsSingle Bench(2021) 11 OHC CK 0133

Artatrana Mishra vs Executive Officer And Others

Orissa High Court · Decided on 22 November 2021

HON’BLE JUDGES
Arindam Sinha, J
CASE NUMBER
Writ Petition (C) No. 1259 Of 2011

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Judgment

7 paragraphs · 200 words

Arindam Sinha, J

1.

Mr. Bose, learned advocate appears on behalf of petitioner, who is aggrieved by issuance of show-cause dated 14th December, 2010 and following request dated 29th December, 2010. He submits, impugned show-cause is not a show-cause but communication of withholding his client's disability pension, without reason.

2.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, his clients have filed counter, in paragraph 5 of which it has been stated that petitioner did not present himself before the Medical Board for re-examination on his disability. On query from Court, Mr. Bose submits he does not have instruction regarding his client having been re-examined by the Medical Board.

3.

The writ petition is adjourned for parties to make their submissions on instructions. It will be dealt with on adjourned date.

4.

Mr. Bose prays for continuation of interim order. On query from Court regarding recovery, in event the writ petition is unsuccessful, he submits, steps may be taken by the Government against his client including recovery of the amount as arrears land revenue. Interim order to continue till next date.

5.

List on 6th December, 2021 as prayed for by Mr. Bose.

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