Orissa High Court
Mr D Govinda Rao vs ) The Chairman on 23 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11901 of 2024
Mr D Govinda Rao ..... Petitioner
Represented by Adv. -
Mr. S.P. Mishra, Sr. Advocate
Soumya Mishra
-versus-
1) The Chairman, Dept. Of ..... Opposite Parties
Atomic Engergy, Mumbai
2) Director Of Institute Of Physics, Represented by Adv. -
Odisha
3) Registrar Of The Institute Of Mr. D.K. Sahu, AGA
Physics, Odisha Mr.Bhabani Shankar
Rayaguru(cgc)
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
23.02.2026
Order No.
12. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr. S.P. Mishra, learned senior counsel for the
Petitioner as well as learned counsel for the State-Opposite Party
and Mr. B.S. Rayaguru, learned Senior Panel Counsel appearing
for Union of India. Perused the writ application as well as the
prayer made therein. It is stated by learned counsels appearing for
the Parties that the pleadings are complete from both sides.
3. By filing the present writ application, the Petitioner
challenges order of termination dated 18.02.2022 at Annexure-10
Page 1 of 4.
passed by the Opposite Party No.3 and for a declaration that the
impugned letter dated 22.04.2024 at Annexure-18 is void ab initio
which was issued by the Opposite Party No.2. The Petitioner has
also prayed of his re-instatement in the post of driver along with
all consequential service and financial benefits.
4. Mr. Rayaguru, learned Senior Panel Counsel appearing for
the Opposite Parties, at the outset, objected to the maintainability
of the present writ application on the ground that the Opposite
Parties in this case is the Department of Atomic Energy
Government of India.
5. In the aforesaid context, he also referred to the
Administrative Tribunals Act, 1985 and contended before this
Court that the jurisdiction of this Court to entertain the present
application is barred under Section 14 of the Administrative
Tribunals Act, 1985. He also referred to the Appendix-VI and
submitted that as per said Appendix the Department of Atomic
Energy comes under the jurisdiction of the Central Administrative
Tribunal.
6. On such ground, Mr. Rayaguru, learned counsel appearing
for the Opposite Party contended that the present writ application
is not maintainable.
7. Mr. Mishra, learned senior counsel appearing for the
Petitioner in reply submitted that the Petitioner is a poor man and
that the present writ application can still be entertained in exercise
of the power of superintendence of this Court under Article 227 of
Page 2 of 4.
the Constitution of India. He further submitted that in the event,
the Petitioner is asked to approach the Tribunal by filing a fresh
writ application, the same may cause serious prejudiced to the
Petitioner.
8. On a careful consideration of the submission made by
learned Senior Counsel for the Petitioner as well as learned Senior
Panel Counsel appearing for the Union of India, this Court is of
the considered view that there is no doubt that the Department of
Atomic Energy, Government of India comes under the
jurisdiction of the Central Administrative Tribunal. Therefore, in
view of the provision contained in Section 29(4)(b), the present
case record is to be transferred to the Central Administrative
Tribunal, Cuttack Bench, Cuttack.
9. Registry is directed to transmit the record to the Central
Administrative Tribunal and upon receipt of such records, the
Central Administrative Tribunal shall reregister the same and
place the matter immediately before the appropriate Bench of the
Administrative Tribunal.
10. Taking into consideration the urgency involved in the
matter, the learned Administrative Tribunal is requested to make
every endeavour to ensure that the matter is heard and disposed of
at the earliest.
11. Learned counsels appearing for both sides are directed to
cooperate with the learned Administrative Tribunal for an early
disposal of the case.
Page 3 of 4.
12. Accordingly, the writ petition stands disposed of.
( A.K. Mohapatra)
Judge
Sisir
Signature Not Verified
Digitally Signed
Signed by: SISIR KUMAR SETHI
Designation: Personal Assistant
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 23-Feb-2026 19:49:33
Page 4 of 4.
