Linkan Kumar Pati vs State Of Odisha & Ors
2023 Latest Caselaw 7439 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.C.(OAC) No. 1118 of 2019

        Linkan Kumar Pati                    ....                Petitioner
                                                         Mr. S.Behera, Advocate

                                            -versus-

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

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

06.07.2023 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 on 16.05.2019 under Annexure-6 by the Opp. Party No. 3.

4. It is contended that on his conviction and sentence in Cuttack Vigilance P.S. Case No. 91 of 2011 vide Judgment dtd.09.11.2016 the Petitioner though challenged the same before this Court in Criminal Appeal No. 633 of 2016 and this Court vide order dtd.25.11.2016 admitted the appeal and allowed the Petitioner to go on bail and stayed the realization of the fine, but on the face of such order passed by this Court, the order of dismissal was passed. It is also contended that prior to passing such order of dismissal OPSC // 2 //

has not been consulted. It is accordingly contended that the impugned order is not sustainable in the eye of law.

5. Mr. Balabantaray, learned AGA on the other hand contended that even though the order of conviction and sentence so passed against the Petitioner is under challenge before this Court in Criminal Appeal No. 633 of 2016, but this Court has not stayed the order of conviction and sentence. It is contended that in absence of any order of stay staying the order of conviction and sentence, the said conviction and sentence remains operative and in view of that the Petitioner was dismissed from his service vide order under Annexure-6. It is accordingly contended that no illegality has been committed with passing of the impugned order.

6. Having heard learned counsel appearing for the Parties and taking into account the fact that the Petitioner has been convicted vide Judgment dtd.09.11.2016 in Cuttack Vigilance P.S. Case No. 91 dtd.30.12.2011 and the said order though was challenged before this Court in Criminal Appeal No. 633 of 2016, but the order of conviction and sentence has not been stayed by this Court while admitting the matter vide order dtd.25.11.2016. In view of such position, this Court finds no illegality or irregularity with the impugned order of dismissal so passed under Annexure-6 and accordingly is not inclined to entertain the writ petition and dismiss the same. However, the order of dismissal so passed shall be subject to final outcome of Criminal Appeal No. 633 of 2016.

Signature Not Verified
Digitally Signed
Signed by: SNEHANJALI PARIDA                                               (Biraja Prasanna Satapathy)
Designation: Jr. Stenographer
Reason: Authentication                                                                Judge
Location: High Court of Orissa, Cuttack
                                     Sneha
Date: 07-Jul-2023 13:25:51