Nirod Kumar Mohanty v. D.G. And I.G Of Police,Odisha, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.3106 OF 2016 Nirod Kumar Mohanty .....

Petitioner Ms.B. Pattnaik, Advocate Vs.

D.G. & I.G. of Police, Odisha & Anr.

.....

Opposite parties Mr. P.K. Muduli, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

12.08.2022 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 Cuttack District Proceeding No.5 of 2016 dated 13.03.2016 under Annexure-2 involving the petitioner till finalization of the Criminal Trial vide Cuttack Vigilance P.S. Case No.03 of 2014 pending in the court of Vigilance Judge, Cuttack. This Court also directs the trial involving Cuttack Vigilance Case

No.3 of 2014 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