Subhendu Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 349 of 2022 Subhendu Kumar Pradhan ....

Petitioner Mr. P.K. Mishra, Adv.

-Versus - State of Odisha and another ....

Opposite Parties Addl. Government Advocate.

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

06.01.2022 This matter is taken up through hybrid mode.

Order No.

2.

Heard Mr. P.K. Mishra, learned counsel for the petitioner and learned Addl. Government Advocate appearing for the State. 3.

Considering the submission that during pendency of the criminal trial, filing of defence by the petitioner in the disciplinary proceeding will jeopardize the prospect of the delinquentpetitioner involving the criminal case, this Court finds support of the submission of learned counsel has also the support of decision of the Hon'ble apex Court reported in AIR 1999 SC 1416, decided taking support of the old decision of the Hon'ble apex Court reported in AIR 1965 SC 155. This Court accordingly disposes of the writ petition directing stay of the Disciplinary Proceeding/memorandum No.19007/PR&DW dated 05.11.2021 under Annexure-1 involving the petitioner till finalization of the Criminal Trial vide Bhubaneswar Vigilance P.S. Case

No.06/2021 dated 28.01.2021 pending in the court of Special Judge, Vigilance, Bhubaneswar in VGR Case No.05 of 2021. This Court also directs the trial involving VGR Case No.05 of 2021 be expedited.

4.

With the aforesaid direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Ashok