Panchanan Bagha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (OA) No.1283 of 2017 Panchanan Bagha ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

30.08.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard learned counsel for Petitioner and learned counsel for the State-Opposite Parties.

3.

The present Writ Petition has been filed with the following prayer:- "(i) The Hon'ble Tribunal be pleased to admit & allow the Original Application.

(ii) The Hon'ble Tribunal be pleased to direct to the respondents to sanction and disburse the post retirement benefits such as provisional pension, unutilized leave salary and provisional gratuity amounts as due and admissible along with an existing bank interest therein within a time bound period for the interest of justice. (iii) The Hon'ble Tribunal may be pleased to pass any order (s) / direction(s) as deems fit and proper for the interest of justice".

4.

It is not disputed by the learned counsel for the Parties that the Petitioner has been convicted vide order of conviction and sentence dated 29.09.2014 passed by the learned Special Judge, Vigilance, Phulbani in G.R. Case No.51 of 2009. It is

// 2 // also not disputed that against the said order of conviction and sentence, the Petitioner preferred an appeal before this Court in Criminal Appeal No.557 of 2014.

5.

In view of the order of conviction and sentence passed against the Petitioner, the Prayer as made in the writ petition cannot be entertained and the writ petition is accordingly dismissed. However, it is observed that the claim as raised shall be subject to final outcome of the Criminal Appeal No.557 of 2014.

6.

The Writ Petition is dismissed with the aforesaid observation.

(Biraja Prasanna Satapathy) Judge Subrat