High CourtsDivision Bench(2023) 04 OHC CK 0226

Tapas Kumar Sahoo vs Secretary Department Of Science & Technology, New Delhi & Ors

Orissa High Court · Decided on 24 April 2023

HON’BLE JUDGES
Dr. B.R. Sarangi, J · M.S.Raman, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.31656 of 2022

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Judgment

8 paragraphs · 242 words
1.

This matter is taken up through hybrid mode.

2.

Heard Mr. K.C. Kanungo, learned counsel appearing for the petitioner and Mr. B.S. Rayaguru, learned Central Government Counsel along with Mr. P.K. Parhi, learned Deputy Solicitor General of India appearing for the opposite parties.

3.

The petitioner has filed this writ petition seeking to quash the order dated 28.07.2022 passed in O.A. No.260/00027 of 2020, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has dismissed the said O.A. confirming the order dated 29.11.2019 passed by the authority rejecting the claim of the petitioner.

4.

Mr. K.C. Kanungo, learned counsel appearing for the petitioner contended that the order dated 28.07.2022 has been passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/00027 of 2020 without following due procedure. It is further contended that the rules prescribe to extend the benefit to the petitioner, but the order impugned dated 28.07.2022, which has been passed by the Tribunal in oblivious of such rules, cannot be sustained in the eye of law.

5.

In the opinion of this Court, the matter requires consideration.

6.

Issue notice to the opposite parties.

7.

Let four extra copies of the writ petition be served within three days on Mr. B.S. Rayaguru, learned Central Government Counsel along with Mr. P.K. Parhi, learned Deputy Solicitor General of India, as he appears for opposite parties no.1 to 4 to enable him to obtain instructions or file counter affidavit.

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