Confusion Worst Confounded: Supreme Court Reprimands State Of Orissa For Lackadaisical Attitude In Prosecuting Litigation

The present matter challenged an order dated July 26, 2023, passed by the Orissa High Court, where while referring to the judgment in State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021, it refused to entertain the petition at ‘the belated stage’, as it suffered from delay and laches.

A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia while hearing the matter, thus observed, “This is confusion worst confounded by the reason of the lackadaisical attitude in which the petitioner-State has been prosecuting the litigation qua the cause”.

AOR Subhasish Mohanty, AOR Anindita Pujari, AOR Rohit Amit Sthalekar, and AOR Hitendra Nath Rath appeared for the parties.

In the pertinent matter, it was the State’s grievance that the Central Administrative Tribunal (CAT) passed an order without even giving a chance to file the counter affidavit.

However, it took two years to challenge that order before the High Court and thereafter even before the Supreme Court there was a delay.

Resultantly, in the matter, some cases were dismissed on the ground of limitation while in others notices were issued. It is to be noted that during the period, some matters were remitted back to the High Court, however, they again came back.

All the matters, therefore, are before different Benches.

Accordingly, while passing the order the bench noted, “The appropriate solution to this problem would be that the petitioner-State must make a comprehensive list relating to the issue of RACP of all the cases arising therefrom pending before this Court and submit it to the Registry which will then list all these cases together before one Bench after obtaining the orders of Hon’ble The Chief Justice of India”.

Cause Title: State of Odisha & Ors. v. Panchanan Panda

Click here to read/download the Order