SANGHMITRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ petition has challenged the order dated 21.10.2003 of the Director of Higher Education, Orissa, Bhubaneswar while disposing of the appeal of the petitioner on the ground that the same is passed contrary to the findings of the Trial Court as well as the order is tainted with contradictions and non-application of mind. The facts leading to the filing of the writ petition are as follows:--

(2.) Two appeals were filed challenging the aforesaid judgment and decree of the trial Court being Title Appeal No. 21 of 1998 and T.A. No. 22 of 1998 by the Governing Body i.e. Opposite Party No. 3- The appeals were allowed on the ground that the suit was barred by limitation. Against the judgment in Title Appeal Nos. 21 and 22 of 1998 the petitioner filed Second Appeal Nos. 53 and 54 of 1999 before this Court which were dismissed on the self-same ground of limitation which is reported in Sanghamitra Jena v. The Director of Higher Education, Orissa., 2002 94 CutLT 280

(3.) Against the said order, it is brought to our notice two S.L.Ps. were filed before the Apex Court bearing Civil Appeal Nos. 24527 and 24528 of 2002 which have been dismissed. Thereafter the petitioner filed a writ petition bearing W.P. (C) No. 3085 of 2002 before this Court which was disposed of on 27.1.2003. This Court while disposing of the aforesaid writ petition on 27.1.2003 directed the Director, Higher Education to hear the appeal and dispose of the same within a specific period. Thereafter, the impugned order was passed which is under challenge in this writ petition.