Durbadal Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (OA) No.1032 of 2017 Durbadal Dehury ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

05.09.2022

1. 1.

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 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. 4.

This Court accordingly disposes of the writ petition directing stay of the Disciplinary Proceeding No.6591/R(CS) dated 27.02.2017 under Annexure-4 involving the petitioner till finalization of the Vigilance Case against the Petitioner pending in the court of S.D.J.M., Sambalpur, vide Ainthapali P.S. Case No.170/2015. This Court also directs the trial involving the Case be expedited and concluded within a period of six months. 5.

Issue urgent certified copy as per rules.

Subrat (Biraja Prasanna Satapathy) Judge