RUSINATH PARIDA Vs. COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 28.10.2005 passed in R.P. Case No. 26 of 2005 by the Chairman of the Orissa Administrative Tribunal, Bhubaneswar, dismissing the same which was filed for recalling the order of dismissal of O.A. No. 562 of 1991 which was filed by the petitioner against his removal from service.

(2.) THE main contention of the Learned Counsel for the petitioner is that the aforesaid O.A. was liable to be heard by the Division Bench of the Tribunal and not by the Single Member. Earlier the O.A. was listed for hearing on 05.11.1998 before the Division Bench of the Tribunal comprising of the Vice -Chairman and the Member (Judicial) and on that date the following order was passed by the Tribunal: Order No. 27 Dated 5.11.98Learned Counsel for the applicant submitted that he has received the counter today filed by Learned Standing Counsel for State and prays for time to go through the same. Prayer is allowed. List it after one week.Sd/ - P.C. Patro Sd/ - C. NarayanaswamyMember(Judi) Vice -Chairman.

(3.) THEREAFTER restoration application was filed which was registered as Misc. Petition No. 357 of 1999 but on 19.6.2000 again no one appeared on behalf of the applicant when the case was called. Hence, the same was dismissed for non -appearance of the Applicant by the Chairman. Thereafter the petitioner moved a review petition, which was numbered as R.R No. 26 of 2005. The same was dismissed vide order dated 28.10.2005.