Dr. Minaketan Pani vs State Of Odisha
2022 Latest Caselaw 2343 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No.3407 of 2010

            Dr. Minaketan Pani                       ....          Petitioner
                                                   Mr. D.P. Dhal, Advocate
                                       -versus-
            State of Odisha                          .... Opposite Parties
                                      Mr. S.N. Das, Addl. Standing Counsel

                       CORAM:
                       THE CHIEF JUSTICE

Order No.                              ORDER
                                      22.04.2022

20. 1. This CRLMC is restored vide order passed today in CRLMA No.75 of 2022.

2. There are two Judgments of the Supreme Court of the same Bench strength of three. One i.e., State (NCT of Delhi) v. Ajay Kumar Tyagi (2012) SCC 685 taking the view that despite exoneration in departmental proceedings, criminal proceedings can continue and the other i.e. Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI (2020) 9 SCC 636 taking the opposite view viz., that once in the departmental proceedings a person is exonerated then on the same set of facts criminal prosecution cannot continue. However, the decision in Ashoo Surendranath Tewari, makes no reference to the earlier decision in State vs. Ajay Kumar Tyagi. It however refers to the decision in Radheshyam Kejriwal v. State of West Bengal (2011) 3 SCC 581, where by a 2:1 majority a three-Judge Bench of the Supreme Court was of the view similar to the one taken in Ashoo Surendranath Tewari. It may be noted here that the decision in Ajay Kumar Tyagi makes no reference to the decision of the co- ordinate Bench in Radheshyam Kejriwal (supra).

3. Mr. Dhal, learned counsel for the Petitioner states that he would like to examine the legal position in view of the above conflict of opinions.

4. List on 13th May, 2022.

5. The interim order passed earlier shall continue till the next date.

(Dr. S. Muralidhar) Chief Justice S. Behera