Hrusikesh Mahanta vs State Of Odisha
2021 Latest Caselaw 8947 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No. 91 of 2021


               Hrusikesh Mahanta                ....         Appellant
                                 Mr. P.K. Ray, Advocate

                                     -versus-
               State of Odisha                  ....   Respondent
                                 Mr.S.K. Das,
                                 Standing Counsel (Vig.)

                                 CORAM:

                           JUSTICE S.K. SAHOO
                                    ORDER

Order No. 26.08.2021

I.A. No.154 of 2021

07. This matter is taken up through Hybrid arrangement (Video conferencing/physical Mode).

Heard learned counsel for the appellant and Mr. S.K. Das, learned Standing Counsel for the Vigilance Department.

This interim application has been filed with a prayer for suspension of the order of conviction and sentence passed by the learned Special Judge (Vigilance), Dhenkanal dated 20.01.2021 in V.G.R. Case No.75 of 2012/DKL TR No.47 of 2017 (CTR No.63 of 2013). A ground has been taken in the application that the appellant is working as Block // 2 //

Extension Officer, Dhenkanal and he would lose his livelihood and be highly prejudiced and suffer irreparable loss and injury, in case he is removed or dismissed from his service. A written note of submission has been filed by the learned counsel for the appellant indicating therein that unless the impugned judgment of conviction is stayed pending disposal of the appeal, the appellant would be dismissed from his service in respect to which he was asked to file show cause and in such circumstances, the appellant and his family members would starve without having any means of livelihood.

Mr. Sanjay Kumar Das, learned Sanding Counsel for the Vigilance Department has filed an objection affidavit in which he has annexed office order dated 29.04.2021 of the Collector, Dhenkanal which indicates that in view of the trial Court judgment, the appellant was dismissed from the Government service.

Learned counsel for the appellant submits that in the event, the conviction of the impugned judgment is stayed, then the petitioner will be reinstated in his service and he seeks some time to cite certain decisions on that point.

As prayed for, list this matter on

// 3 //

23.09.2021.

A free copy of this order be handed over to Mr. S.K. Das, learned Standing Counsel for the Vigilance Department.

( S.K. Sahoo) Judge

P