STATE OF ORISSA Vs. DHULIRAM PATNAIK

JUDGEMENT

(1.) In these proceedings, the first order was passed by this court on 3/09/1991. At that time, there was a proposal initiated by the government to increase the number of members of the tribunal to four with the new Chairman appointed earlier. It was then hoped that with the increase in the number, it was possible for the State government to comply with the impugned order of the High court by allowing one bench to operate at Bhubaneswar and the other at Cuttack, leaving it open to the chairman to require the members of the Cuttack bench to go back to bhubaneswar as and when there was no work pending at Cuttack.

(2.) On 20/08/1992, another order was passed by this court by which the learned Attorney General appearing for the State government, was asked to ascertain from the State government whether it would be possible for the State government to have two benches: one at bhubaneswar and the other at Cuttack with filing facilities at both the places and having a Statewise jurisdiction for each of the benches giving a choice to the petitioner to choose the forum. The learned Attorney General was further requested to ascertain the time-frame within which these arrangements could be made. The matter was adjourned for the purpose till this date.

(3.) After hearing learned counsel for both sides, we find that there will be no difficulty in having two benches of the tribunal, as envisaged by us, one at Cuttack and the other at Bhubaneswar. In modification of all our earlier orders and in modification of the impugned order of the High court, we direct as follows: