Orissa High Court
WP(C)/25728/2026 of HEMANTA KUMAR BHOI Vs STATE OF ODISHA on 27 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25728 of 2026 CNR No.ODHC010551972026 Hemanta Kumar Bhoi …. Petitioner Mr. Manoj Kumar Khuntia, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Subha Bikash Panda, AGA CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25728 of 2026
CNR No.ODHC010551972026
Hemanta Kumar Bhoi
….
Petitioner
Mr. Manoj Kumar Khuntia, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mr. Subha Bikash Panda, AGA
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
27.08.2026 (Hybrid Mode)
01.
1. Heard learned counsel for the petitioner.
2. The petitioner before this Court is working as Sepoy in Special Security Battalion, Bhubaneswar, Khurda.
It is submitted by the learned counsel that pursuant to the conviction of the petitioner in a criminal case bearing Kandhamal P.S. Case No.91 dated 12.08.2013 U/s.363 of IPC turned to Section 364, 302, 201, 120-B and 34 of IPC, he was dismissed from service.
Further, a departmental proceeding was initiated on 20.09.2013 for involvement of the petitioner in said criminal case. During pendency of the said departmental proceeding, the petitioner was convicted by judgment of the learned Addl. Sessions Judge, Nayagarh vide judgment dated 29.05.2015 and sentence was imposed. Post his conviction, the petitioner was issued show cause notice dated 11.06.2015 asking him why he should not be dismissed from service in view of conviction in a criminal trial. Thereafter he was dismissed from service.
Subsequently the judgment of conviction was challenged by the petitioner before this Court in Criminal Appeal No.318 of 2015. By judgment dated 19.10.2023 the Criminal Appeal has been allowed by this Court and the judgment of conviction and the order awarding sentence have been set aside.
3. Thereafter the petitioner filed writ application bearing W.P.(C) No.41250 of 2023, which was disposed of by order dated 21.12.2023 directing the authority to consider the grievance of the petitioner regarding reinstatement upon acquittal from the criminal charges in appeal.
4. Alleging inaction on part of the authorities, the petitioner filed W.P.(C) No.27964 of 2024 challenging the order dated 28.08.2024 passed by the authority. The writ petition W.P.(C) No.27964 of 2024 was disposed of by judgment dated 18.09.2025. In compliance of the judgment dated 18.09.2025, the appropriate authority (Opposite Party No.4) by order dated 08.12.2025 reinstated the petitioner in service and petitioner re-joined service on 10.12.2025.
5. The grievance raised in the present writ application is regarding the petitioner not getting the notional benefits for the period he remained out of service during the period the order of conviction and sentence remained intact, till it was set aside by this Court in appeal.
6. The learned counsel for the petitioner further submits that for the present the petitioner seeks for disposal of his representation made to the authority seeking the notional benefits for the period so that he can get the benefit of fixation of pay at a higher scale, if the period he was out of service is taken into account.
7. In view of the limited nature of prayer made on behalf of the petitioner, this Court is not seeking response of the opposite parties to the issues raised by the petitioner in the writ application.
8. The learned AGA in response submits that representation of the petitioner shall be considered by the authority in accordance with law and decision shall be taken as expeditiously as possible.
9. In view of the above, it is directed that the appropriate authority shall do well to consider the representation dated 31.03.2026 made by the petitioner, copy of which is annexed to the writ petition marked as Annexure-9 strictly in accordance with law and take a decision within a period of four months, which shall be communicated to the petitioner.
The petitioner shall approach the appropriate authority along with certified copy of this order and copy of representation dated 31.03.2026, and copies of all such documents sought to be relied upon by the petitioner to support his claim for the notional benefits.
10. It is clarified that this Court has not expressed any opinion regarding merits of the claims of the petitioner or the contentions of the parties to the writ petition.
11. The writ petition is disposed of with the above observations.
Urgent certified copy be granted as per rules.
(Mruganka Sekhar Sahoo) Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 29-Aug-2026 16:56:51 Signature Not Verified