DHRUBA CHARAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.11.2008 passed by the State Education Tribunal, Orissa, Bhubaneswar, in G.I.A. Case No. 81 of 2008, rejecting the application of the appellant for non -fulfilment of the mandatory requirement of law regarding service of statutory notice.

(2.) THE brief facts of the case is that the appellant had moved this Court in O.J.C. No.8475 of 2001, challenging the order of recovery from his salary. This Court by order dated 18.02.2008 disposed of the writ application by passing the following order : "We dispose of the writ petition as withdrawn and observe that within two weeks if the petitioner files application under Section 24 -B of the Act together with applications under Section 5 read with Section 14 of the Limitation Act for condonation of delay and waiver of statutory notice, then learned Education Tribunal may do well to consider such interim applications liberally in view of the fact that the writ petition was filed on 05.07.2001 and copy of the writ petition was served on the counsel for the State and thereafter application under Section 24 -B of the Act be considered in accordance with law."

(3.) THE Tribunal took up the matter for admission and by order dated 22.11.2008 proceeded to reject the application for non -compliance of the statutory provisions prescribed for service of notice under Section 24 -B(3) of the Act. The relevant findings of the order of the learned Tribunal is extracted below :