Gupta Chandra Bidika vs Union Of India And Others
2023 Latest Caselaw 4068 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 12232 of 2023
                                       And
                              I.A. No. 5666 of 2023

Gupta Chandra Bidika                 .....                                   Petitioner
                                                                  Mr. S.K. Dash, Adv.
                                     Vs.
Union of India and others            .....                             Opposite Parties
                                                                Mr. P.K. Muduli, AGA
            CORAM:
               DR. JUSTICE B.R. SARANGI
               MR. JUSTICE M.S.RAMAN
                                            ORDER

21.04.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. S.K. Dash, learned counsel for the petitioner and Mr. P.K. Parhi, learned Dy. Solicitor General of India appearing for the opposite parties no.1 and 2-Union of India.

3. The petitioner has filed this writ petition seeking to quash the order dated 14.12.2022 passed in O.A. No.260/626/2022 under Annexure-7, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has declined to stay the disciplinary proceeding initiated against the petitioner and rejected the claim of the petitioner.

4. Mr. S.K. Dash, learned counsel for the petitioner contended that the principle of law, by which this case is covered, has been decided by this Court in the case of Sanjib Kumar Nanda v. Commissioner-cum- Secretary to Works Department and another (W.P.(C) No. 37812 of 2021 disposed of on 02.12.2021), in which this Court relying upon the judgment of the apex Court in the cases of Tata Oil Mills Co. Ltd. v. The Worken, AIR 1965 SC 155 and Captain M. Paul Anthony v. Bharat Goldmines Ltd. and another, AIR 1999 SC 1416, had disposed of the writ petition directing stay of the disciplinary proceeding

involving the petitioner therein till finalization of the criminal trial pending in the court of the Special Judge, Vigilance, Bhubaneswar and also directed the trial involving the VGR case be expedited. It is contended that the tribunal while passing the order impugned has not applied its mind in proper perspective. Therefore, the petitioner has approached this Court by filing the present writ petition.

5. Mr. P.K. Parhi, learned Dy. Solicitor General of India appearing for the opposite parties no.1 and 2-Union of India states that the matter is between the petitioner and opposite party no.3-BSNL and, as such, he supports the findings of the tribunal.

6. Issue notice to the opposite parties in the main case as well as in the interlocutory application.

7. Two extra copies of the writ petition be served on Mr. P.K. Parhi, learned Dy. Solicitor General of India appearing for the opposite parties no.1 and 2-Union of India within three days enabling him to obtain instructions or file counter affidavit.

8. Two extra copies of the writ petition be served on Mr. P.R. Barik, learned counsel who usually appears on behalf of BSNL within three days enabling him to obtain instructions or file counter affidavit.

9. List this matter after two weeks.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) Ashok JUDGE