Laxman Ku.Behera v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20649 of 2011 Laxman Kumar Behera ....

Petitioner Mr. S.P. Mishra, Senior Advocate -versusState of Odisha and Others ...

Opposite Parties Mr. S.N. Das, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

17.05.2022 15.

1. The Petitioner's concern is that the enquiry against him should Order No.

not proceed without following due process of law; that he should be provided with all the materials against him including copies of the statements and also he must be provided opportunity to crossexamine the deponents who may be speaking against him.

2. These are basic principles of natural justice which the Court has no reason to believe, would not be adhered to by the enquiry committee. Moreover, the Court notices that the complainant has not been made a party to the present petition and therefore, it is not possible to continue to hear the present petition in the absence of the complainant.

3. For the above reasons, the Court is not inclined to interfere in the matter. With the observations that all the principles outlined in para 1 above must be followed by the enquiry committee, the

interim order is vacated. The enquiry be completed now within a period of six months.

4. The petition is disposed of.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/Secy.