Gurucharan Behera v. Superintendent Of Police, Bargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (OAC) No.2327 of 2017 Gurucharan Behera ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

06.09.2022

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 vide Baragarh District No.12 Proceeding dtd.25.11.2014 under Annexure-2 involving the petitioner till finalization of the Criminal Case vide Sambalpur Vigilance P.S. Case No.63 dtd.28.07.2014 pending in the Court of learned Special Judge, Vigilance, Sambalpur. This Court also directs the trial involving Sambalpur Vigilance P.S. Case No.63 dtd. 28.07.2014 be expedited and concluded within a period of six months.

// 2 // 5.

With the aforesaid direction, the Writ Petition stands disposed of.

6.

Issue urgent certified copy as per rules.

Subrat (Biraja Prasanna Satapathy) Judge