Debananda Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.1794 OF 2018 Debananda Panda .....

Petitioner Mr. B. Seth, Advocate Vs.

State of Odisha & Ors.

.....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

19.09.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard Mr. B. Seth, learned counsel for the petitioner and learned Additional Government Advocate appearing for the State opposite parties.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties not to take final decision in the departmental proceeding pending against the petitioner till finalization of the criminal case.

4.

Learned Additional Government Advocate appearing for the State-opposite parties contended that there is no bar to pass final order in a disciplinary proceeding even if criminal proceeding is pending.

5.

Having heard learned counsel for the parties and after going through the records, it appears that the petitioner has been involved with both the criminal proceeding and disciplinary proceeding. But the petitioner seeks direction to the opposite parties not to take final decision in the departmental proceeding pending against the petitioner till finalization of the criminal case. Since there is no bar to pass

any order in the disciplinary proceeding even if criminal proceeding is pending, this Court is not inclined to issue any direction to the authority not to proceed with the disciplinary proceeding.

6.

With the above observation, the writ petition stands disposed of.

7.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE