Chandrasingh Bahla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23945 of 2022 Chandrasingh Bahla ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

29.09.2022

02. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. At the outset, Mr. Sethi, learned counsel for the Petitioner submitted that for the present he does not want to press the prayer No. (i).

3. Heard Mr. G.R. Sethi, learned counsel for the Petitioner and Mr. B. Panigrahi, learned ASC appearing for the Opp. Parties.

3. It is submitted that the Petitioner is otherwise eligible to undergo the ASI course of training and basing on the letter issued by AIG of Police, the Petitioner vide Annexure-3 was requested to be examined by the CDMO, District Head quarter Hospital, Anugul.

4. It is submitted that even though the required report declaring the Petitioner eligible for undergoing such training has been forwarded by the office of CDMO, but no further action is being taken by the Authority to send the Petitioner to undergo the ASI training.

5. On instruction Mr. Panigrahi, learned counsel for the State submitted that since the Petitioner is facing a Vigilance Proceeding

// 2 // initiated in the year 2001, he is not eligible to undergo such training.

6. Having heard learned counsel for the Parties. This Court is of the view that pending of a Vigilance Proceeding, that too initiated in the year 2001, cannot be treated as bar to allow the Petitioner to undergo the ASI training, if the Petitioner has been declared fit by the Medical Board to undergo such training. This Court accordingly directs the Opp. Party No. 2 to take appropriate step in the matter and send the Petitioner to undergo the training, if he is otherwise eligible. Such an exercise shall be completed within a period of three (3) weeks from the date of receipt of this order.

7. The writ Petition is disposed of with the aforesaid observation and direction.

(Biraja Prasanna Satapathy) Judge Sneha