KHALESWAR SAHOO Vs. ENGINEER IN CHIEF CUM SECRETARY

JUDGEMENT

(1.) HEARD Mr. Padhi, learned counsel for the petitioner and Mr. Nanda, learned Addl. Government Advocate.

(2.) THE petitioner was working as Head Clerk in the office of the Executive Engineer (R and B), Burla Division, Burla, district - Sambalpur. By order dated 14.8.2002 he was transferred and posted to the Northern Circle (R and B) Office, Sambalpur. Aggrieved by the said order of transfer, he filed O.A. No. 1591 of 2002 before the Orissa Administrative Tribunal, Bhubaneswar which was disposed of by order dated 19.8.2002 with the direction to send the Paper Book of the Original Application to the Secretary, Government of Orissa, Works Department and the said Secretary will consider the averments in the Original Application and the Annexures and decide whether the applicant can be allowed to continue where he is or can be posted against any other vacancy available in the office of the Executive Engineer (R and B). Burla Division and communicate his orders to the petitioner within a period of fortnight from the date of receipt of the copy of the said order. Pursuant to the said order of the Tribunal, Paper Book of the Original Application was sent to the Secretary, Government of Orissa, Works Department. But by order dated 4.9.2002, the Additional Secretary to the Government of Orissa, Works Department took the view that since the petitioner had already completed the normal stay of three years at Burla, his transfer order to the office of the Superintending Engineer, Sambalpur may be carried out and the petitioner was directed to join in his new place of posting early. Aggrieved by the said order dated 4.9.2002 passed by the Addl. Secretary. Government of Orissa, Works Department, the petitioner filed a fresh application before the Orissa Administrative Tribunal numbered as O.A. No. 2584 (C) of 2002. By order dated 4.10.2002 the Orissa Administrative Tribunal. Cuttack Bench, Cuttack while issuing notice on the question of admission and final disposal refused to grant any interim relief to the petitioner without hearing other side. Aggrieved by the said order dated 4.10.2002 of the Tribunal, the petitioner has filed this writ petition under Articles 226 and 227 of the Constitution.

(3.) FOR the aforesaid reasons, we set aside the order dated 4.10.2002 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack and remand the matter back to the Tribunal to decide the question of admission of the Original Application No. 2584(C)/2002 on merits within a period of one month from the date of filing the certified copy of this order before the Tribunal. Till the question of admission is decided by the Tribunal, the impugned order dated 4.9.2002 passed by the Additional Secretary. Government of Orissa, Works Department shall remain stayed.