Niranjan Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 2587 of 2016 Niranjan Sethi ....

Petitioner Ms. B. Pattnaik, Adv.

-Versus - State of Odisha and others ....

Opposite Parties State Counsel.

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

11.08.2022 This matter is taken up through hybrid mode.

Order No.

2.

Heard.

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 delinquentpetitioner 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 dated 03.02.2012 under Annexure-2 involving the petitioner till finalization of the Criminal Trial vide Kharvela Nagar P.S. Case No.161 of 2010 pending in the court of S.D.J.M., Bhubaneswar. This Court also directs the trial involving Kharvela

Nagar P.S. Case No. 161 of 2010 be expedited. 4.

With the aforesaid direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Ashok