Amarendra Kanhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 1412 of 2019 Amarendra Kanhar .....

Petitioner Mr. P.K. Khatei, Advocate Vs.

State of Odisha and others .....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

12.10.2022 Order No.

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 Departmental Proceeding under Annexure-1 involving the petitioner till finalization of the Criminal Case vide Phulbani Town P.S. Case No. 202 of 2017 pending in the court of learned SDJM, Phulbani Town. This Court also directs the trial involving Phulbani Town P.S. Case No. 202 of 2017 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, J.)