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Orissa High CourtWPC(OAC)/1903/2015disposed off

Minaketan Pradhan v. Superintendent Of Police,Balasore

2022-06-24Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.1903 of 2015 Minaketan Pradhan ....

Petitioner -versusSuperintendent of Police, Balasore ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

24.06.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard.

3.

Considering the submission that during pendency of criminal proceeding, 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 supporting 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 Proceeding No.02 dtd. 14.05.2015 under Annexure-2 involving the Petitioner till finalization of the Criminal Case vide Balasore Vigilance P.S. Case No.01 dtd. 05.01.2015 pending in the court of learned Special Judge, Vigilance, Balasore. This Court also directs the Trial Court involving Balasore Vigilance P.S Case No.01 dtd. 14.05.2015 be expedited.

// 2 // 4.

With the aforesaid direction, the Writ Petition stands disposed of.

5.

Issue urgent certified copy as per Rules.

(Biraja Prasanna Satapathy) Judge Subrat