Pramod Kumar Tarai v. Deputy Commissioner Of Police, Cuutack

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 96 of 2018 Pramod Kumar Tarai ....

Petitioner Mr. G.R. Sethi, Adv.

-Versus - Deputy Commissioner of Police, Cuttack ....

Opposite Party State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

09.09.2022 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 Cuttack District Proceeding No. 19 dated 25.07.2016 under Annexure-2 involving the petitioner till finalization of the Criminal Trial vide Cuttack Vigilance P.S. Case

No.49 of 2015 pending in the court of Special Judge, Vigilance, Cuttack. This Court also directs the trial involving Cuttack Vigilance P.S. Case No. 49 of 2015 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 Ashok