Nrsingh Charan Acharya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.2983 of 2018 Nrusingha Charan Acharya ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

23.09.2022 01.

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

2. Heard Mr. C. Mahanta, learned counsel on behalf of Mr. D.P. Dhalasamanta, learned counsel for the Petitioner.

3. The present writ Petition has been filed with the following prayer:- "That direction be issued to the respondents to release the final pension and gratuity of the applicant forthwith with 12% interest per annum w.e.f.01.10.2012.

And further be pleased to pass any order/order(s) as deem fit and proper to give complete relief to the applicant. And for the said act of your kindness the applicant as in duty bound shall ever pray."

4. Though no counter affidavit has been filed, but this Court after going through the materials available on record finds that the Petitioner facing a Vigilance Proceeding in T.R. Case No. 27 of 2009, which is pending for trial and the said fact is also reflected in the communication dtd.09.05.2018 under Annexure-6.

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5. In view of the pendency of the Vigilance Proceeding against the Petitioner the prayer as made in the writ Petition cannot be allowed. The Petitioner is at liberty to take appropriate step for early disposal of the said Vigilance Proceeding, if he so likes.

6. The writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha