Salila Kumar Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.1599 of 2015 Salila Kumar Sethi ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.06.2022

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

2. Heard Mr. P.K. Mishra, learned counsel for the Petitioner and learned Addl. Government Advocate appearing for the State.

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 delinquent-Petitioner 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 No. 4049 dated 30.03.2015 under Annexure-2 involving the Petitioner till finalization of the Criminal Trial vide Bhubaneswar Vigilance P.S. Case No.39/2011 dated 28.05.2011 pending in the Court of Special Judge, Vigilance, Bhubaneswar in T.R. Case No.42 of

// 2 // 2015. This Court also directs the trial involving T.R. Case No.42 of 2015 be expedited.

4. With the aforesaid direction, the writ Petition stands disposed of. Issue urgent certified copy as per Rules.

(Biraja Prasanna Satapathy) Judge Sneha