Bansidhar Bariki v. Superintendent Of Police, Bargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C (OAC) No. 3020 of 2018 Bansidhar Bariki ....

Petitioner -versusSuperintendent of Police, Bargarh ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

17.02.2022 03.

1. This matter is taken up through Hybrid mode. Order No.

2. Heard Mr. G.R. Sethi, learned counsel for the Petitioner and learned counsel for the State.

3. It is submitted by the learned counsel for the Petitioner that for the self-same allegation both the criminal proceeding and departmental proceeding was initiated against the Petitioner. It is further submitted that in the criminal proceeding in G.R. Case No.59 of 2015, the Petitioner has been acquitted from the charges and the departmental proceeding is yet to be disposed of.

4. In view of the acquittal of the Petitioner in the criminal proceeding, the petitioner is given liberty to move the concerned disciplinary authority i.e. opposite party No.1 to take a decision with regard to further continuance of the

// 2 // departmental proceeding against the Petitioner. Let the Petitioner make a representation in that regard before the sole opposite party within a period of three weeks hence. If such a representation is filed within the time stipulated hereinabove, the said opposite party is directed to take a lawful decision on the same within a period of two months and communicate the result thereof.

5. With the aforesaid observation and direction, the Writ Petition stands disposed of.

6. Urgent certified copy of this order be granted on proper application.

(Biraja Prasanna Satapathy) Judge Subrat