Orissa High Court
Jayanta Kumar Barik vs General Manager on 17 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37249 of 2023
Jayanta Kumar Barik .... Petitioner
Mr. K.C.Sahu, Advocate
-versus-
General Manager, Angul & others .... Opp. Parties
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 17.11.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the parties. Perused the writ petition
and documents annexed therewith.
3. Considering the submission made by learned counsel for the
Petitioner that during pendency of criminal trial, filing of defence by
the Petitioner in the disciplinary proceeding will jeopardize the
prospect of the delinquent-Petitioner involved in the criminal case,
this Court finds support for the submission of learned counsel in the
aforesaid context from the decision of the Hon'ble apex Court
reported in AIR 1999 SC 1416, decided taking support of the old
decision of the Hon'ble Apex Court reported in AIR 1965 SC 155.
Similar view has also been taken in a judgment reported in (2012) 1
SCC- 442.
4. By filing the present writ petition, the Petitioner has prayed for
stay of the Departmental Proceeding initiated vide order dated
09.04.2022 involving the Petitioner till disposal of the Criminal case
pending before the learned Special Judge (CBI), Bhubaneswar in
// 2 //
T.R.Case No.01 of 2022 under Annexure-1 series .
5. Learned counsel for the State draws the attention of this Court
to the charges framed by Criminal Court and in the Disciplinary
Proceeding and contends that the charges in both the cases are
different. Therefore, he submits that the ratio decided in aforesaid
Supreme Court judgments are not applicable to the facts of the
present case and the disciplinary proceeding against the Petitioner
should not be stayed awaiting the verdict in criminal case and further
prays for dismissal of the writ petition.
6. This Court on a careful scrutiny of the charges in both
proceedings partly agrees with the submission made by learned
counsel for the State. However, this Court is also of the view that
while continuing with the D.P. the Petitioner would be required to
disclose his defence which might be detrimental to his interest
involved in the criminal trial.
7. Having heard the learned counsel for the parties and upon a
careful analysis of the rival contentions and upon a scrutiny of the
writ petition and the documents attached to it, this Court in the
greater interest of justice deems it proper to dispose of the writ
petition by directing that the Disciplinary Proceeding initiated
against the Petitioner shall remain stayed for a period of one year
from the date of this order. Further, on production of a certified copy
of this order by the Petitioner, the Court in seisin of the trial of
T.R.No.01 of 2022 pending in the Court of the learned Special Judge
(CBI), Bhubaneswar arising out of CBI P.S.Case No.RC-04(A)/2022
Section 7 of P.C. (Amendment) Act, 1988 shall expedite the trial and
make every endeavour to conclude the trial within one year. Parties
// 3 //
are directed to cooperate with the trial court in the event, the charge
sheet has been filed.
8. With the aforesaid observation and direction, the writ
application is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Reason: Authentication
Location: High Court of Orissa
Date: 21-Nov-2023 15:41:32
