BENUDHAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY order dated 24 -7 -2000 (Annexure -1) of the Director, Town Planning, Orissa, Bhubaneswar, the petitioner was placed under suspension. Aggrieved therewith he approached the Orissa Administrative Tribunal, Bhubaneswar in O. A. No. 1934 of 2000 and prayed for quashing of the same.

(2.) A preliminary objection was raised by the State regarding maintainability of the petition. Relying on a judgment of this Court in State of Orissa represented by the Commissioner -cum -Secretary to Government, Rural Development and another v. Bichitrananda Muduli and another, 2001(1) O. L. R. 45, the Tribunal upheld the preliminary objection and held that "the present application being one relating to suspension order, is not justiciable and the Tribunal cannot entertain it". For coming to this conclusion, the Tribunal relied on the following extract from the said judgment which reads thus :

(3.) BEFORE proceeding further, we may in brief refer to Bichitrananda Muduli's case (supra). In that case, the order of suspension of Muduli was set aside by the Tribunal which was the subject -matter of challenge before this Court. In paragraph -6 of the judgment in Bichitrananda Muduli's case (supra), this Court, after referring to paragraph -12 of the judgment rendered by the Supreme Court in State of Orissa v, Bimal Kumar Mohanty observed thus :