Samarendra Kumar Puhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.572 of 2018 Samarendra Kumar Puhan ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

12.09.2022

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

2. None appears for the Petitioner when the matter was called.

3. Mr. R.N. Mishra, learned AGA submitted that the impugned order dtd.04.12.2017 under Annexure-9 has been passed in view of the order of conviction and sentence passed against the Petitioner in Balasore Vigilance P.S. Case No. 15 dtd.28.10.1992.

4. It is also submitted that against such order of conviction and sentence the Petitioner has approached this Court in Criminal Appeal No. 291 of 2015. This Court while admitting the matter has not stayed the order of conviction and sentence as reflected from the order at Annexure-5.

5. Since the Petitioner is a convicted employee and he has approached this Court against such order of conviction and sentence, this Court finds no illegality in the impugned Order dtd.04.12.2017 under Annexure-9.

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6. Therefore, this Court while not entertaining the writ Petition and dismissing the same, observes that the impugned order shall be subject to the final outcome of Criminal Appeal No. 291 of 2015.

7. Accordingly, the writ Petition is dismissed. (Biraja Prasanna Satapathy) Judge Sneha