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2014 Supreme(Ori) 434

I.MAHANTY, B.N.MAHAPATRA
Epari Vasudeva Rao – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For petitioner:Mr. Budhadev Routray, Sr. Advocate, M/s. D. Routray, S.S. Rao, B.K. Mohanty, P.K. Sahoo, S. Das, S. Jena, & S. Routray
For Opp. Party : Mr. M.S. Sahoo Addl. Standing Counsel (State-O.P. Nos.1 and 2)

JUDGMENT

B.N.Mahapatra, J.

The petitioner, who was a member of the Orissa Superior Judicial Service has filed the present writ petition challenging the impugned notification dated 13.03.2013 (Annexure-6) issued by opposite party No.1-State of Odisha, represented through its Commissioner-cum-Secretary to Government, Home Department, who in exercise of power under Rule 44 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 (for short, “Rules, 2007”) passed order for compulsory retirement of the petitioner from Government service giving three months’ pay and allowances in lieu of three months’ notice as prescribed in the aforesaid Rules.

In fact, by means of this writ petition, the petitioner invokes extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India to decide correctness of the order/decision of the Full Court giving him compulsory retirement from service while he was working as Special Judge (Vigilance), Bhubaneswar on the ground that the order is arbitrary and unreasonable, as on the basis of materials available on record an opinion could not have been reasonably formed to retire him from service prematurely i
































































































































































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