Orissa High Court
Aswini Kumar Das vs State Of Odisha .... Opp. Party on 5 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.39340 of 2023
Aswini Kumar Das .... Petitioner
Ms. B.K. Pattanaik, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 05.12.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the parties. Perused the writ petition
and documents annexed therewith.
3. Considering the submission made by learned counsel for the
Petitioner that during pendency of criminal trial, filing of defence by
the Petitioner in the disciplinary proceeding will jeopardize the
prospect of the delinquent-Petitioner involved in the criminal case,
this Court finds support for the submission of learned counsel in the
aforesaid context from the decision of the Hon'ble apex Court
reported in AIR 1999 SC 1416, decided taking support of the old
decision of the Hon'ble Apex Court reported in AIR 1965 SC 155.
Similar view has also been taken in a judgment reported in (2012) 1
SCC- 442.
4. By filing the present writ petition, the Petitioner has prayed for
// 2 //
stay of the Departmental Proceeding No.14/OAS/2023 dated
5.7.2023 initiated vide against the Petitioner under Annexure-2 till
disposal of the Criminal case pending before the learned Special
Judge (Vigilance), Cuttack in V.G.R.Case No.23 of 2022 arising out
of Cuttack Vigilance P.S.Case No.36 of 2022 .
5. Learned counsel for the State draws the attention of this Court
to the charges framed by Criminal Court and in the Disciplinary
Proceeding and contends that the charges in both the cases are
different. Therefore, he submits that the ratio decided in the aforesaid
Supreme Court judgments are not applicable to the facts of the
present case and the disciplinary proceeding against the Petitioner
should not be stayed awaiting the verdict in criminal case and further
prays for dismissal of the writ petition.
6. This Court on a careful scrutiny of the charges in both
proceedings partly agrees with the submission made by learned
counsel for the State. However, this Court is also of the view that
while continuing with the D.P. the Petitioner would be required to
disclose his defence which might be detrimental to his interest
involved in the criminal trial.
7. Having heard the learned counsel for the parties and upon a
careful analysis of the rival contentions and upon a scrutiny of the
writ petition and the documents attached to it, this Court in the
greater interest of justice deems it proper to dispose of the writ
petition by directing that the Disciplinary Proceeding
No.14/OAS/2023 dated 5.7.2023 initiated against the Petitioner shall
remain stayed for a period of one year from the date of this order.
Further, on production of a certified copy of this order by the
// 3 //
Petitioner, the Court in seisin of the trial of V.G.R. Case No.23 of
2022 corresponding to Cuttack Vigilance P.S.Case No.36 of 2022
pending in the Court of the learned Special Judge (Vigilance),
Cuttack shall expedite the trial and make every endeavour to
conclude the trial within one year. Parties are directed to cooperate
with the trial court in the event, the charge sheet has been filed.
8. With the aforesaid observation and direction, the writ
application is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Debasis
