Abinash Biswal v. Union Of India
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14445 of 2018 Abinash Biswal ....
Petitioner Mr. L.K. Moharana, Advocate -versusUnion of India & others ....
Opp.Parties Mr. N.K.Sahoo, Advocate for O.P. Nos.3 to 5 Mr. B.K.Parhi, CGC along with Mr. P.K.Parhi, ASGI for O.P. No.1 Mr. P.K. Rath, Advocate for intervenor.
CORAM:
JUSTICE M.S.SAHOO
ORDER
03.03.2022 Order No.
8.
This matter is taken up through hybrid mode.
Referring to the interim order dated 09.08.2018, the learned counsel for the petitioner submits that the disciplinary proceeding has proceeded during pendency of the writ petition, but the result has not been published, as directed.
Learned counsel for opposite party nos.3 to 5-NIT submits that he has filed a counter affidavit enclosing the copy of enquiry report and in view of the interim order, the matter has not proceeded for conclusion of the disciplinary proceeding.
It is further submitted that since the co-ordinate Bench of this Court was not inclined to stay the further proceeding in the D.P., the interim order dated 09.08.2018 may suitably modified and the writ petition may be disposed of, so as to enable the authority to conclude the proceeding.
// 2 // Learned counsel for the petitioner submits that the order dated 09.08.2018 may be modified as submitted by the learned counsel for opposite party nos.3 to 5, but without prejudice to any of the rights and the contentions of the petitioner, particularly those raised in the present writ petition.
Accordingly, the writ petition is disposed of granting liberty to the authority to conclude the disciplinary proceeding, as expeditiously as possible, preferably within a period of four months from the date of communication of the certified copy of this order.
It is clarified that this Court has not expressed any opinion on the merits of the case, in any manner whatsoever and the order is passed without prejudice to the rights and contentions of the respective parties. The writ petition is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( M.S.Sahoo) Judge Gs