Kamanta Pradhan vs State Of Odisha And Others ..... ...
2023 Latest Caselaw 15630 Ori

Orissa High Court

Kamanta Pradhan vs State Of Odisha And Others ..... ... on 5 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.21749 of 2014

Kamanta Pradhan                         .....                             Petitioner
                                                    Mr. Satyajit Behera, Advocate
                                        Vs.
State of Odisha and Others              .....                        Opposite Parties

                                                         Mr. Sachidananda Nayak,
                                                        Additional Standing Counsel

              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

05.12.2023

Order No. This matter is taken up by hybrid mode.

07.

2. Heard Mr. Satyajit Behera, learned counsel appearing for the Petitioner and Mr. Sachidananda Nayak, learned Additional Standing Counsel for the State.

3. This writ petition has been filed challenging the order dated 22.09.2014 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.3240(C) of 2002, by which the Tribunal did not incline to entertain the prayer of the Petitioner.

4. Mr. S. Behera, learned counsel appearing for the Petitioner contended that since the Petitioner has already been acquitted in the criminal case, for the selfsame charges, he cannot be visited with penalty in the disciplinary proceeding but learned Tribunal did not appreciate the same and dismissed the original application filed by the Petitioner.

5. Vide order dated 17.11.2023, this Court has called upon Mr. S.N. Nayak, learned Additional Standing Counsel to satisfy this Court as to whether the Petitioner can be visited with penalty in the disciplinary proceeding when he has been

acquitted in the criminal case. In compliance of the order dated 17.11.2023, Mr. S.N. Nayak, learned Additional Standing Counsel produces the judgment of Apex Court in the case of Deputy Inspector General of Police and Another vs. S. Samuthiram; (2013) I Supreme Court Cases 598, wherein the Apex Court held that the mere acquittal of an employee by a criminal court has no impact on the disciplinary proceedings initiated by the Department. The Apex Court has also observed that since the Petitioner has not been acquitted honourably, no right is conferred on the said employee to claim for quashing of the disciplinary proceeding.

6. Having heard learned counsel for the parties and after going through the record, this Court does not find any error apparent on the face of the order of the Tribunal to call for interference.

7. Accordingly, the writ petition merits no consideration and the same is hereby dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE Aswini

Designation: PA(SECRETARY-IN-CHARGE)

Location: ORISSA HIGH COURT, CUTTACK Date: 05-Dec-2023 18:34:57