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Orissa High CourtWPC(OA)/2048/2017disposed off

Rabindra Kumar Das v. State Of Odisha

2022-09-02Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.2048 of 2017 Rabindra Kumar Das ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

02.09.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. K.C. Sahu, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Standing Counsel appearing for the State-Opp. Parties.

3. The Petitioner has filed the present writ Petition challenging the order of dismissal passed on 02.06.2017 under Annexure-3. Mr. Balabantaray, learned Standing Counsel submitted that the applicant was dismissed from service because of the order of conviction and sentence passed by the learned Special Judge, Vigilance, Bhawanipatna in G.R.(V) Case No.16 of 2005 on 20.12.2016.

4. It is also submitted that challenging the said order of conviction and sentence the Petitioner has approached this Court in Criminal Appeal No.703 of 2016.

5. Since the impugned order has been passed in view of the order of conviction and sentence passed against the Petitioner, this Court

// 2 // finds no illegality or irregularity in the same. Accordingly, while dismissing the writ Petition, it is observed that the said order of dismissal shall be subject to final outcome of Criminal Appeal No. 703 of 2016.

6. The writ Petition is dismissed with the aforesaid observation. (Biraja Prasanna Satapathy) Judge Sneha