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2022 DIGILAW 101 (ORI)

Sarbeswar Bagudai v. State of Orissa

2022-04-20

A.K.MOHAPATRA

body2022
ORDER : 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the record. 3. The present writ petition has been filed by the petitioner with limited prayer seeking for direction to the particular authority to conclude the departmental proceeding/enquiry pending against the petitioner within a stipulated period of time. 4. It is submitted by learned counsel for the petitioner that although the departmental proceeding initiated in the year 2020, the petitioner has retired due on 28.02.2023. Learned counsel for the petitioner further submits that the petitioner apprehends unless proceeding has been made after retirement of 28.02.2023 might be he would not get retiral dues and pensionary benefits. Keeping in view, learned counsel for the petitioner seeks for a direction to the authority to conclude the same within a stipulated period of time in accordance with law. 5. Learned counsel appearing for the State submits that he has no objection, if a direction is given to the Commissioner for Departmental Inquiries Government of Odisha, Bhubaneswar-Opposite Party No.3 to conclude the departmental proceeding against the petitioner in accordance with law within a stipulated period of time. 6. Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Commissioner for Departmental Inquiries Government of Odisha, Bhubaneswar-Opposite Party No.3 to consider the case of the petitioner and conclude the same as expeditiously as possible preferably in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order on the same. Any decision taken on the said issue shall be communicated to the petitioner within a period of ten days thereafter. 7. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application.