Prafulla Kumar Moharana vs State Of Odisha & Others
2022 Latest Caselaw 4023 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK


                      W.P.C(OAC) No.1709 of 2016

           Prafulla Kumar Moharana          ....              Petitioner



                                      -versus-

           State of Odisha & Others         ....        Opposite Parties


                                 COROM:
                   JUSTICE BIRAJA PRASANNA SATAPATHY



                                       ORDER

Order No                              16.08.2022
     1.     1.     This matter is taken up through Hybrid Mode.

2. Heard Mr. P.C. Acharya, learned counsel for the Petitioner and Mr. N. Prusty, learned Standing Counsel for the State-Opp. Parties.

3. This is a case where the petitioner was placed under suspension vide order dated 28.10.2006 under Annexure-1 and a proceeding was initiated against him on 4.9.2007 under Annexure-2. It is submitted that for the self-same charges, the petitioner has already been acquitted by the Criminal Court vide its judgment under Anneuxre-4 on 13.10.2015.

4. Even though a counter has been filed by Opp. Party No.4, but no justifiable ground has been taken as to how the petitioner has been kept under suspension for the last 16 years and the proceeding has been kept pending for 15 years. Let the B.E.O, Derabish Block appear before this Court on 5th September, 2022 to explain the same by way of an affidavit.

// 2 //

5. List this matter on 5th September, 2022.

6. A copy of the order be handed over to Mr. N. Prusty, learned Standing Counsel for compliance.

(Biraja Prasanna Satapathy) Judge Sangita