Ghanashyam Meher vs State Of Odisha
2023 Latest Caselaw 9804 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1229 of 2022

              Ghanashyam Meher                   ....     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.2367 of 2022
   10.             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 Additional Sessions Judge -cum- Special Judge (Vigilance), Bhawanipatna, Kalahandi in G.R. (Vigilance) Case No.22 of 2015/T.R. No.14 of 2016 which arises out of Koraput Vigilance P.S. Case No.48 of 2015 in which the appellant has been found guilty under section 7 and 13(2) read with section 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. // 2 //

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 Department, on the other hand, submitted that this petition was filed on 27.12.2022 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 20.01.2023. 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