Orissa High Court
Prasanta Kumar Das vs State Of Odisha (Vigilance) And ... on 2 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 148 of 2023
Prasanta Kumar Das .... Petitioner
Mr. Achyutananda Pattanaik, Advocate
-Versus-
State of Odisha (Vigilance) and others .... Opposite Parties
Mr. Niranjan Moharana,
ASC for Vigilance for OP Nos.1 to 3
Mr. Prasanta Kumar Satapathy,
Advocate for OP Nos.5 and 6
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
02.02.2023
Order No.
03. 1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 Cr.P.C. is filed by the
petitioner challenging the final report dated 25th July 2022
submitted by opposite party No.2 seeking a consequential direction
for further investigation in connection with Bhubaneswar Vigilance
P.S. Case No.04 of 2021 corresponding to VGR No.04 of 2021
pending in the file of learned Special Judge, Vigilance, Bhubaneswar.
3. Perused the copy of the FIR at Annexure-1.
4. Learned counsel for the petitioner submits that there has
been illegality committed in the promotion of private opposite
parties and in that connection, the FIR i.e. Annexure-1 was lodged
by the Vigilance Department on the direction of this Court. It is
further submitted that the investigation by the Vigilance Department
was not conducted properly, as a result of which, it led to the
submission of final report which has also been accepted by the
learned court below. According to learned counsel for the
petitioner, the material evidence was not collected by the Vigilance
Department during such investigation and hence, there is a need of
further investigation and the learned court below did commit
serious illegality in accepting the final report so submitted in
connection with Bhubaneswar Vigilance P.S. Case No.4 of 2021.
5. Mr.Moharana, learned counsel for the Vigilance
Department submits that it is a service related dispute which has
been raised by one of the unsuccessful candidate's husband and
ultimately, after investigation by the Vigilance Department, since no
material was found, the final report was submitted and in the
meantime, the protest petition was received from the petitioner and
pending before the learned court below for further course of action.
In response to the above, learned counsel for the petitioner submits
that since learned court below accepted the final report without any
justification, therefore, the protest petition was filed and it has been
treated as a complaint and now pending adjudication and for
further hearing.
6. Learned counsel for the opposite party Nos.5 and 6
supported the contention of Mr.Moharana, learned ASC for
Vigilance Department and submits that after due investigation, the
final report was submitted and hence, no case was made out and
therefore, there is no need of further investigation to be ordered
since in the meantime, a complaint is received from the petitioner
by the learned court below.
7. It is apprised to the Court that the petitioner availed other
remedies invoking writ jurisdiction and judgment in one of such
cases has been confirmed in appeal.
8. Considering the above facts and since after investigation,
the Vigilance Department has submitted the final report and the
same is said to have been accepted by the Vigilance Department and
as in the meantime, the protest petition has been filed, the Court is
of the view that in the facts and circumstances of the case, there is
no need of any direction for further investigation in the matter.
Since the petitioner has already approached the court below and
files a complaint in the shape of protest petition and as it is claimed
that the said complaint is not yet accepted but pending
consideration, the Court is also of the view that he can pursue the
same for a decision as per and in accordance with law. In other
words, the Court does not find any reason to intervene and
interfere with the final report so submitted by the Vigilance
Department.
9. Accordingly, it is ordered.
10. In the result, the CRLMC stands disposed of leaving the
petitioner to pursue the complaint pending before the learned
Special Judge, Vigilance, Bhubaneswar arising out of VGR No.04 of
2021.
11. Issue urgent certified copy as per rules.
(R.K. Pattanaik)
Judge
U.K.Sahoo
