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Orissa High Court · body

2015 DIGILAW 413 (ORI)

LAXMAN KU. SAHOO v. CHAIRMAN,O. S. R. T. C. M

2015-07-14

B.R.SARANGI

body2015
ORDER Heard Mr.K.K.Nayak learned counsel for the petitioner and Mr.U.C.Mohanty learned counsel for opposite party no.1. The petitioner files this petition assailing the order dated 18.4.2009 rejecting the review petition filed by him without assigning any reasons. Mr.K.K.Nayak learned counsel for the petitioner states that against the order of dismissal though the petitioner has preferred review application vide Annexure-8 indicating the latches on the part of the authority but the authority vide Annexure-9 rejected the same without assigning any reasons. Mr.U.C.Mohanty learned counsel for opposite party no.1 states that the rejection of the review petition has been made since 18.4.2009 and in the meantime more than six years have elapsed and no useful purpose would be served in the event the authority is directed to reconsider the same. Considering the submission of the learned counsel for the parties and on perusing the materials available on record it appears that the Chairman-cum-Managing Director OSRTC has rejected the review application preferred by the petitioner on 18.11.2007 without assigning any reasons. Law is well settled that an administrative authority has to pass a reasoned order while considering the application filed by employee concerned. On perusal of the review application in Annexure-8 filed by the petitioner it appears that the petitioner has raised certain questions for recalling the order of dismissal passed against him which are to be answered by the authority but while rejecting the review petition no reasons have been assigned. Therefore this Court sets aside the impugned order dated 18.11.2007 in Annexure-9 passed in the review petition and remands the matter back to the said authority to reconsider the review application filed by the petitioner vide Annexure-8 and pass a reasoned order within a period of three months after giving opportunity of hearing to all concerned. Issue urgent copy as per Rules. Order Accordingly.