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Judgment
This matter is taken up through hybrid mode.
Heard Mr. B.P. Tripathy, learned counsel appearing for the Appellant.
By means of this intra-Court appeal, the order dated 19th April, 2023 passed in WPC (OAC) No.3197 of 2016 of the learned Single Judge has been challenged.
Mr. Tripathy, learned counsel has pointed out that adequate opportunity was not granted to the Appellant to file the counter affidavit. That apart, while passing the impugned order, the learned Single Judge did not take notice of certain relevant facts relating to the qualification of the Respondent No.1. By the impugned order, the Appellant has been directed to recommend the name of the Respondent No.1 for the post of ASO (Asst. Section Officer-Group B) within a period of one month from the date of receipt of the order. In para 4 of the impugned order, it has been observed that notice was served on the Appellant by special messenger on 9th March, 2023 and in spite of due service of notice when nobody appeared on behalf of the Appellant-OPSC, the matter was adjourned to 10th April, 2023.
Mr. Tripathy, learned counsel for the Appellant submits that when the matter was taken up on 10th April, 2023 a prayer was made before the learned Single Judge for adjourning it so that the Appellant being the Opposite Party in the writ proceeding can file the counter affidavit. The said prayer was rejected.
Admit the appeal to be heard on merit.
Notice be issued to the Respondent No.1 returnable by 19th October, 2023. Steps for service of notice on the Respondent No.1 shall be taken by the Appellant by Registered Post with A.D. within three working days.
Mr. M.K. Khuntia, learned Additional Government Advocate accepts notice for the Respondent No.2. Hence, no formal notice is call for. However, a copy of the Memorandum of Appeal may be served on him.
Let the matter be listed on 19th October, 2023.
I.A. NO.2774 OF 2023
This is an application for dispensing with filing of certified copy of the impugned order dated 19th April, 2023 passed in WPC (OAC) No.3197 of 2016.
Mr. B.P. Tripathy, learned counsel appearing for the Appellant-OPSC has stated that considering the urgency, the intra-Court appeal has been filed with a downloaded copy of the impugned order. At this juncture, he has undertaken that certified copy of the said order will be submitted immediately after it is received from this Court.
Considering the above aspect, this Court does not find any difficulty to dispense with filing of the certified copy of the impugned order along with the Memorandum of Appeal, as a downloaded copy of the said order has already been filed. However, the Appellant shall file the certified copy within a period of thirty days from today.
In terms thereof, the application stands disposed of.
I.A. NO.2775 OF 2023
This is an application for stay of operation of the impugned order dated 19th April, 2023 passed in WPC (OAC) No.3197 of 2016.
Since, the appeal is admitted to be heard on merit, we are of the view that the prayer for stay of operation of the impugned order should be considered.
Issue notice along with the appeal. Accept one set of process fee. Steps for service of notice on the Respondents No.1 and 2 be taken as stated above in paras 7 and 8.
As an interim measure, it is directed that the operation of the impugned order dated 19th April, 2023 passed in WPC (OAC) No.3197 of 2016 shall remain suspended till the next date.
An urgent certified copy of this order be issued as per rules.
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