ORISSA HIGH COURT ISSUES ORDER ON NIRANJAN KHATUA V/S STATE OF ODISHA AND OTHERS

CUTTACK, India, May 16 -- Orissa High Court issued the following order on April 15:

1. This matter is taken up through Hybrid Mode.

2. Pursuant to order dt.12.03.2026, learned Addl. Standing Counsel produced the instruction so provided by the Excise Directorate, Odisha vide letter dt.13.04.2026 with service of copy on the learned counsel appearing for the Petitioner. The same be kept on record.

3. Heard learned counsel appearing for the parties.

4. The present Writ Petition has been filed inter alia with the following prayer:

It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to:

i) Admit the writ application.

ii) Call for the record.

iii) Issue rule nisi calling upon the Opp. parties more particularly opposite party No. 2 to show cause as to why the office order No.11499 dtd.03.11.2023 Annexure-10 shall not be quashed.

iv) If the Opp. Parties more particularly Opp. party No.2 fails to show cause or show insufficient cause issue a writ in the nature of certiorari or any other writ/ writs, order/ orders, direction/ directions by quashing the office order No.11499 dtd.03.11.2023 Annexure-10.

v) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the Opp. Parties more particularly Opp. Party No.2 & 3 to reinstate the present petitioner along with all consequential service benefit within a time period to be stipulated by this Hon'ble Court.

vi) And/or pass any other order/orders, direction/directions as this Hon'ble Court deems fit and proper for the ends of justice.

And for the said act of kindness, the petitioner as in duty bound shall ever pray.

5. It is contended that Petitioner was appointed as an Excise Constable and posted to the Office of Superintendent of Excise, Cuttack where he joined on 22.07.2009. While so continuing, Petitioner was promoted to the rank of ASI, Excise vide order dt.21.8.2022. However, while so continuing as an ASI of Excise, a show-cause was issued to the Petitioner by Opp. Party No.4 on 15.07.2023 under Anexure-3, with regard to a complaint received that the Petitioner was consuming liquor with another person in Foreign Liquor ON-Shop.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpD4hLUfdnnxJoBeNJ5zIa3Jl%2FejlclSk0jtRsIBV4%2Buz&caseno=WP(C)/41695/2023&cCode=1&cino=ODHC011028712023&state_code=11&appFlag=)

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