Bipin Behari Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 5509 of 2022 Bipin Bihari Das ....

Petitioner Mr. Ipsit Aurobindo Acharya, Adv.

-Versus - State of Odisha and others ....

Opposite Parties State Counsel.

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

25.02.2022 This matter is taken up through hybrid mode.

Order No.

2.

Heard.

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 vide Proceeding No. XI-34/2020-4122/TC under Annexure-1 involving the petitioner till finalization of the Criminal Trial vide Bhubaneswar Vigilance P.S. Case No. 13 of

2018 pending in the court of learned Special Judge, Vigilance, Bhubaneswar. This Court also directs the trial involving Bhubaneswar Vigilance P.S. Case No. 13 of 2018 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 Alok