Saroj Kumar Nayak vs State Of Orissa And Others
2021 Latest Caselaw 9102 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No. 25612 of 2021

            Saroj Kumar Nayak                  ....                               Petitioner
                                                            Mrs. K.R. Choudhury, Adv.
                                                -Versus -
            State of Orissa and others         ....                     Opposite Parties
                                                                                     .
                                                                        State Counsel

                      CORAM:
                       DR. JUSTICE B.R. SARANGI
                                       ORDER

31.08.2021

Order No. This matter is taken up through hybrid mode.

2. The petitioner has filed this writ petition seeking direction to the opposite parties to stay departmental proceeding pending finalization of the criminal case initiated against him vide G.R. Case No.2008 of 2020 arising out of P.S. Case No.137 of 14.11.2020 under Sections 342/294/506/34 IPC under Annexure-1.

3. Mrs. K.R. Choudhury, learned counsel for the petitioner contended that departmental proceeding was initiated against the petitioner on the selfsame subject which has been mentioned in the FIR. It is contended that trial has already been started in the criminal case initiated against the petitioner. Therefore, the departmental proceeding which has been initiated against the petitioner should be stayed till disposal of the criminal case. To substantiate her case, she has

relied upon the judgment of the apex Court in the case of M. Paul Anthony v. Bharat Gold Mines Ltd., AIR 1999 SC 1416.

4. Considering the contention raised by learned counsel for the petitioner and after going through the records, this writ petition stands disposed of directing the authority to stay the departmental proceeding initiated against the petitioner pursuant to the memorandum issued on 05.01.2021 under Annexure-2, till finalization of the criminal case which has been initiated against the petitioner pursuant to FIR lodged under Anenxure-1 in Hatibari P.S. Case No.137 of 2020 corresponding to G.R. Case No.2008 of 2020 pending in the court of S.D.J.M., Panposh. Since the trial has already been started in the criminal case, as stated above, petitioner is directed to produce a copy of the order before the competent authority within a period of seven days, so that necessary steps shall be taken by the authority at their end. The petitioner is also directed to produce a copy of this order before the court below for early deposal of the criminal case which is pending against him. Needless to say, this Court has not expressed any opinion on the merits of the case.

Issue urgent certified copy as per rules.

Ashok                                               (Dr. B.R. Sarangi)
                                                         Judge