Lokanath Naik vs General Manager
2023 Latest Caselaw 5940 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.15326 of 2023
                 Lokanath Naik                          ....           Petitioner
                                                    Mr. U.C. Mohanty, Advocate
                                             -versus-
                 General Manager,                       ....    Opposite Parties
                 Mahanadi Coal Field Ltd.,
                 Talcher, Angul


                                     CORAM:
                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  15.05.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the writ petition as well as the documents annexed thereto.

3. The present writ petition has been filed by the Petitioner being aggrieved by the conduct of the Opposite Parties in initiating and continuing a Departmental Proceeding against the Petitioner bearing No.MCL/GM(RA)/50(M)/DISP, Action/2021/150 till disposal of the RC 03(A)2021 BBSR (RC) No.1521 A 0003 CBI ACB, BBSR.

4. Learned counsel for the Petitioner, however, submitted that the Charge Memo in the Departmental Proceeding is based on the allegation on the Misc. Case initiated by the CBI. In such view of the matter, learned counsel for the Petitioner submitted that in the event the Petitioner is compelled to disclose his defence by filing his written statement of defence in the // 2 //

Departmental Proceeding, then he will be seriously prejudice as he would be compelled to disclose his ground of defence and the names of the witnesses. In the aforesaid context, learned counsel for the Petitioner also referred two judgments of the Hon'ble Supreme Court reported in AIR 1968 SC 155 and AIR 1999 SC 1416.

5. Considering such submission and keeping in view the fact that the allegations are of complex nature and the same cannot be adjudicated in the Departmental Proceeding, this Court is of the considered view that the matter requires further examination.

6. Accordingly, issue notice to the sole Opposite Party by registered post with A.D. fixing a short returnable date. Requisites be filed within a week hence.

7. Counter affidavit be filed within six weeks hence.

8. List this matter in the 1st week of July, 2023.

I.A. No.7059 o f2023

9. Notice as above.

10. Accepts one set of process fee.

11. As an interim measure, it is directed that further proceeding in No.MCL/GM(RA)/50(M)/DISP, Action/2021/150 shall remain stayed till the next date.

Signature Not Verified                                              ( A.K. Mohapatra )
Digitally Signed                                                           Judge
Signed by: DEBASIS AECH
Designation: PADebasis
Reason: Authentication
Location: OHC CUTTACK
Date: 18-May-2023 12:46:06