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2021 Supreme(Ori) 64

BISWAJIT MOHANTY
Jatin Kumar Panjia – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. Ashok Das, M.R. Dash, S.A.K. Dora, A.K. Mohanty, D.Mohanty & S.K. Samal
For the Respondent: Mr. H.K. Panigrahi Addl. Standing Counsel (OAT)

JUDGMENT :

1. This petition has been filed praying for quashing the order of removal dated 09.10.2007 under Annexure-2 series passed by the Commandant, 4th O.S.A.P (S.S) Battalion, Malkangiri (opposite party No.3) by which the petitioner was removed from the service. The petitioner has also prayed that Director General of Police, Odisha (opposite party No.2) be directed to reinstate him in service in view of judgment dated 05.09.2012 passed by the learned J.M.F.C., Nabarangpur in G.R. Case No.409 of 2004/T.R. No.146 of 2011 under Annexure-4 series.

2. The case of the petitioner is that he was selected after undergoing a process of selection and appointed as a Sepoy on 25.12.2006 vide Annexure-1. Thereafter while undergoing training, opposite party No.3 removed him from services vide order dated 09.10.2007 vide Annexure-2 series as during verification of character and antecedents, it was found that he was involved in a criminal case, which was then sub-judice. On 18.10.2007 vide Annexure-3, the petitioner filed a representation before opposite party No.3 praying for reinstatement as he was not actually involved in the said case though his name found place in the F.I.R. But nothing was

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