Om Vivekananda Pattnaik vs State Of Odisha & Ors
2023 Latest Caselaw 724 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C)(OA) No.966 of 2016

        Om Vivekananda Pattnaik                 ....           Petitioner

                                            -versus-

        State of Odisha & Ors.                  ....           Opposite Parties

                             CORAM:
                JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

24.01.2023 Order No

02. 1.This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. N.K. Mahapatra, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The present writ petition has been filed challenging the order of dismissal passed on 18.11.2015 under Annexure-4.

4. It is contended that after his conviction and sentence passed in T.R. Case No. 60 of 2007 vide Judgment under Annexure-1, the Petitioner was dismissed from his service. Learned counsel for the Petitioner contended that against the order of conviction and sentence, the petitioner has already preferred an appeal before this Court in Criminal Appeal No. 359 of 2015 and this Court vide order dtd.17.07.2015 while admitting the appeal, allowed the Petitioner to go on bail and the fine imposed in the said Judgment has been stayed.

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5. Mr. Balabantaray, learned AGA on the other hand contended that order of conviction and sentence passed against the Petitioner though is under challenge in Criminal Appeal No. 359 of 2015, but the said order of conviction and sentence has not been stayed by this Court. Therefore, in absence of such order of stay, the order of dismissal passed against the Petitioner is just and proper.

6. Having heard learned counsel for the Parties and taking into account the fact that the Petitioner is a convicted employee and the order of conviction and sentence has not been stayed by this Court while admitting the appeal, this Court finds no illegality or irregularity in the order dtd.18.11.2015. Accordingly, while not entertaining the writ petition with the prayer as made, it is observed that the order of dismissal passed against the Petitioner on 18.11.2015 shall be subject to final outcome of Criminal Appeal No. 359 of 2015. It is further observed that the Petitioner, if so desires, can make appropriate application for early hearing for the criminal appeal.

7. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha