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Orissa High CourtWPC(OAC)/2235/2016disposed off

Dillip Kumar Nag v. State Of Odisha

2022-08-11Dr. Justice B.R.Sarangi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 2235 of 2016 Dillip Kumar Nag ....

Petitioner Mr. S.D. Routray, Adv.

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

Opposite Party 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 No. 1073 dated 03.03.2015 under Annexure-2 involving the petitioner till finalization of the Criminal Trial vide Cuttack Vigilance P.S. Case No.76 dated 20.11.2012 pending in the court of Vigilance Judge, Cuttack. This Court also directs the

trial involving Cuttack Vigilance P.S. Case No. 76 of 2012 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