Upendra Kumar Biswal v. Superintendent Of Police,Bolangir

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.1422 OF 2018 Upendra Kumar Biswal .....

Petitioner Ms. B.K. Pattnaik, Advocate Vs.

Superintendent of Police, Bolangir .....

Opposite party State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

15.09.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard learned Counsel for the parties.

3.

Considering the submissions that during pendency of the criminal trial, filing of defence by the Petitioner in the disciplinary proceeding will jeopardize the prospect of the delinquent-petitioner involving the Vigilance 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 Bolangir District Proceeding No.02 dated 06.01.2009 under Annexure2 involving the petitioner till finalization of the Criminal Trial vide Bolangir Sadar P.S. Case No.34 of 2008. This Court also directs the trial involving Bolangir Sadar P.S. Case No.34 of 2008 be expedited.

4.

With the aforesaid direction, writ petition stands disposed of.

5.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE