DHANESWAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1751 (C) of 2013 challenging his order of transfer. The Tribunal instead of considering the grounds stated in the Original Application disposed of the said O.A. with the following direction:

(2.) This Court has already held in the case of Dr. Prafulla Kumar Sahoo v. State of Orissa and two others, 2009 2 OrissaLR 709, that the Tribunal cannot send the Original Application to the concerned authority to take a decision without deciding the issues raised before it, like a Post Office. In the instant case, the Tribunal without deciding the issue itself, by the above order, has directed the authority concerned to take into consideration the Original Application itself and take a decision within a period of two weeks. Applying the ratio of the aforesaid decision, we have no hesitation to quash the order under Annexure-5. Accordingly, the order dated 20.06.2013 under Annexure-5 is quashed and the matter is sent back to the Tribunal to consider the O.A. No. 1751 (C) of 2013 on its own merit and pass necessary orders. Since there is an interim prayer in the Original Application, the Tribunal shall do well to dispose of the said application by taking up the matter by 19.7.2013.

(3.) This writ petition is accordingly allowed. Urgent certified copy of this order be granted on proper application.