Susant Kumar Sahu vs State Of Odisha
2023 Latest Caselaw 9791 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.252 of 2023

              Susant Kumar Sahu                 ....       Appellant/
                                                         Petitioner

                                 Mr. Devashis Panda, Advocate

                                     -versus-

              State of Odisha                   ....   Respondent/
              (Vigilance)                            Opp. Party

                                 Mr. Sanjay Kumar Das
                                 Standing Counsel (Vig.)
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        22.08.2023
                              I.A. No.1398 of 2023

06. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for stay of the order of conviction passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case No.01 of 2011 which arises out of Bhubaneswar Vigilance P.S. Case No.52 of 2009 in which the appellant has been found guilty under sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988.

Learned counsel for the petitioner submitted that he intends to prepare a note of submission pointing out the infirmities in the impugned judgment and to file the same before the Court after serving a copy thereof to Mr. Das, learned Standing Counsel for the Vigilance Department in advance and the matter may be taken up next week.

Mr. Das, learned Standing Counsel for the Vigilance // 2 //

Department, on the other hand, submitted that this petition was filed on 03.03.2023 and at that point of time, the petitioner's service was intact but on account of the conviction order, he has been dismissed from service on 27.06.2023. He has annexed the copy of the dismissal order as Annexure-A to the objection affidavit, which has been filed on behalf of the opposite party. Learned counsel further submitted that the application for stay of the order of conviction is not maintainable.

Learned counsel for the petitioner shall appraise this Court on the next date as to whether this Court can stay the order of conviction after the petitioner's dismissal from his service and whether such order would be sufficient to reinstate the petitioner back in his service.

On consensus of both the parties, list this matter on 29.08.2022.

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

( S.K. Sahoo) Judge RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Aug-2023 18:58:13