Santanu Kumar Senapati vs State Of Odisha & Ors
2023 Latest Caselaw 7292 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.C.(OAC) No. 1106 of 2019

        Santanu Kumar Senapati              ....                 Petitioner
                                                        Mr. S. Behera, Advocate

                                           -versus-

        State of Odisha & Ors.              ....              Opposite Parties
                                                       Mr. M.K. Balabantaray, AGA

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                     ORDER

05.07.2023 Order No

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

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

3. The Petitioner has filed the present writ petition challenging the order of dismissal so passed vide order dtd.16.05.2019 under Annexure-5.

4. It is contended that because of the order of conviction and sentence passed by the learned Special Judge (Vigilance), Keonjhar in its Judgment dtd.26.12.2018, the Petitioner though has approached this Court in Criminal Appeal No. 11 of 2019 and this Court has admitted the appeal vide order dtd.07.01.2019, but without considering that aspect the Petitioner was dismissed from his service vide the impugned order dtd.16.05.2019. It is accordingly contended that the said order is not sustainable in the eye of law.

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5. Mr. M.K. Balabantaray, learned AGA on the other hand contended that against the order of conviction and sentence though the Petitioner preferred an appeal before this Court in Criminal Appeal No. 11 of 2019, but this Court while admitting the matter vide order dtd.07.01.2019 has not stayed the operation of the order of conviction and sentence. In absence of any such order of stay staying the order of conviction and sentence, no illegality has been committed by the authority while dismissing the Petitioner vide order dtd.16.05.2019 under Annexure-5.

6. Having heard learned counsel appearing for the Parties and taking into account the fact that while admitting the appeal, this Court has not granted any order of stay, staying the operation of the order of conviction and sentence, this Court finds no illegality or irregularity with the impugned order of dismissal so passed on 16.05.2019 under Anenxure-5. Accordingly, this Court is not inclined to interfere with the said order and dismiss the writ petition. However, it is observed that the order of dismissal so passed under Annexure-5 shall be subject to final outcome of the Criminal Appeal No. 11 of 2019.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 13:21:58