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Orissa High CourtWPC(OAB)/23/2017disposed off

Jatadhari Satapathy v. D.G. And I.G. Of Police, State Police Head Quarters,Odisha

2022-09-02Dr. Justice B.R.Sarangi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAB) No.23 OF 2017 Jatadhari Satapathy .....

Petitioner Mr. K.C. Sahu, Advocate Vs.

D.G. & I.G. of Police, State Police Head Quarters, Odisha & Ors.

.....

Opposite parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

02.09.2022 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 No.801 dated 01.05.2014 under Annexure-2 series involving the petitioner till finalization of the Criminal Trial vide Berhampur Vigilance P.S. Case No.23 dated 21.08.2013 pending in the court of Special Judge, Vigilance, Phulbani in G.R. (V) No.23 of 2013. This Court also directs the trial involving

G.R. Case No.23 of 2013 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