Sanjita Das vs Union Of India And Others
2023 Latest Caselaw 2046 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 24516 of 2022

Sanjita Das                           .....                              Petitioner
                                                           Mr. G. Mishra, Sr. Adv.

                                      Vs.
Union of India and others             .....                         Opposite Parties
                                                           Mr. B. Moharana, CGC
                                                            Mr. A.K. Mishra, AGA
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S. SAHOO

                                             ORDER

10.03.2023 Order No. This matter is taken up through hybrid mode.

02.

2. Heard Mr. G. Mishra, learned Senior Counsel appearing along with Mr. D.K. Patra, learned counsel for the petitioner; Mr. B. Moharana, learned Central Government Counsel appearing for opposite parties no.1 and 2; and Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-opposite party no.3.

3. In order to answer the query made by this Court on 29.09.2022, Mr. G. Mishra, learned Senior Counsel appearing along with Mr. D.K. Patra, learned counsel for the petitioner placed reliance on the judgment of the apex Court in the case of Sarva Uttar Pradesh Gramin Bank and others v. Manoj Kumar Chak, (2013) 6 SCC 287, more specifically paragraph-15 thereof, wherein the observation made by the High Court has been dealth with, as well as paragraph-37 of the judgment. But the observation made by the apex Court is based on the rules applicable to the employees working under the bank. So far as the rules applicable to the Indian Civil Service are concerned, the same has not been placed on record.

4. In any case, it is contended that the petitioner, challenging the punishment imposed on her, has already approached this Court

by filing W.P.(C) No. 7375 of 2021, which is pending before the learned Single Judge for adjudication. It is contended that if the petitioner succeeds in the said writ petition, then she may have a case in the present writ petition.

5. In view of the above submission, let this writ petition lie over permitting the petitioner to pursue her remedy in W.P.(C) No. 7375 of 2021.

6. The additional affidavit filed by the petitioner in Court today be kept on record.

(DR. B.R. SARANGI) JUDGE

(M.S. SAHOO) Ashok JUDGE