Prasanna Kumar Tarini v. D.G Nad I.G. Of Police, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 971 of 2017 Prasanna Kumar Tarini .....

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

D.G. & I.G. of Police, Cuttack .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

26.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

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. This Court accordingly disposes of the writ petition directing stay of the Disciplinary Proceeding No. 02 of 2016 dated 10.09.2016 under Annexure-2 involving the petitioner till finalization of the Criminal Trial vide Berhampur Vigilance P.S. Case No. 32 of 2016 dated 17.06.2016 pending in the Court of Special Judge, Vigilance, Berhampur in GR (V) Case No. 25 of 2016. This Court also directs the trial involving GR (V) Case No. 25 of 2016, be expedited.

4.

With the aforesaid direction, the writ petition stands disposed of. Issue urgent certified copy as per rules.

Arun (DR. B.R. SARANGI) JUDGE