Devi Prasad Mishra vs State Of Odisha & Ors. .......... ...
2024 Latest Caselaw 16811 Ori

Orissa High Court

Devi Prasad Mishra vs State Of Odisha & Ors. .......... ... on 19 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    W.P.(C) No. 26871 of 2024
                                 Devi Prasad Mishra                         ........   Petitioner(s)
                                                                     Mr. Biswabihari Mohanty, Adv.

                                                        -Versus-
                                 State of Odisha & Ors.             .......... Opposite Party(s)
                                                                        Mr. Sanjay Rath, AGA

                                               CORAM:
                                               DR. JUSTICE S.K. PANIGRAHI
                                                        ORDER

19.11.2024 Order No.

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the Petitioner submits that the Petitioner

has been suspended for more than seven months without

initiation of any proceedings.

4. Learned counsel for the Petitioner also relies on a judgment of

the Apex Court in Ajay Kumar Choudhary vs. Union of India

(UOI) and Ors.1 wherein it has been held that the suspension

order should not extend beyond three months if within this

period the memorandum of charges/Chargesheet is not served

on the delinquent officer/employee.

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 20-Nov-2024 18:33:35

(2015) 7 SCC 291

5. The relevant paragraph of the aforesaid judgment is extracted

hereunder:

"14. We, therefore, direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension. As in the case in hand, the Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognize that previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time limits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us."

6. In view of the above, learned counsel for the State is directed

to take instruction in the matter.

7. List this matter on 29th November, 2024.

Signed by: LITARAM MURMU                                                          Judge
Designation: Personal Assistant

   MurmuAuthentication
Location: High Court of Orissa Cuttack
Date: 20-Nov-2024 18:33:35