Prafulla Kumar Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 2081 of 2019 Prafulla Kumar Sethy ....

Petitioner Mr. N. Rath, Adv.

-Versus - State of Odisha and others ....

Opposite Party State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

12.10.2022 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 delinquentpetitioner 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. 617 dated 19.01.2017 under Annexure-1 involving the petitioner till finalization of the Bhubaneswar Vigilance P.S. Case No.17 dated 17.03.2016 pending in the court of Vigilance Judge, Bhubaneswar. This Court also directs the trial

involving Bhubaneswar Vigilance P.S. Case No. 17 of 2016 be expedited.

4.

With the aforesaid direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Ashok