Orissa High Court
Satyanarayan Kaudi vs ) State Of Odisha ..... Opposite Parties on 15 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10090 of 2025
Satyanarayan Kaudi ..... Petitioner
Represented By Adv. -
Laxmikanta Mohanty
-versus-
1) State Of Odisha ..... Opposite Parties
2) Collector And Dist.magistrate, Represented By Adv. -
Sambalpur Mr.U.C.Behura,AGA
3) Sub Collector, Kuchinda
4) Tahasildar Of Rairakhol Tahasil
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 15.04.2025
01 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as the
learned Additional Government Advocate. Perused the Writ
Petition and the documents annexed thereto.
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 for the Petitioner 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 Disciplinary Proceeding No.3368 dated
03.04.2023 under Annexure-3 involving the Petitioner till
finalisation of the Criminal trial vide Sambalpur Vigilance
P.S.Case No.5 dated 15.02.1993 pending in the Court of the
learned Special Judge (Vigilance), Sambalpur.
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 disciplinary
proceeding has been initiated against the Petitioner for
suppression of information regarding his involvement in
criminal case and, as such, the charges in both the cases are
different. Therefore, he submits that the ratio decided in the
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
proceeding partly agrees with the submission made by
Mr.Behura, earned AGA. The charges in criminal case no
doubt forms the basis for the initiation of D.P. in addition to the
charge that such information was not disclosed to the
employer by the employee in violation of the service rules.
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 ad 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 against the Petitioner shall remain stayed for a r 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 over the trial of the case arising out of Sambalpur
vigilance P.S.Case No.05 dated 15.02.2023 under Section
13(2) read with Section 13(1)(b)/12 of the P.C.Act shall
expedite the trial and make every endeavour to conclude the
trial within one year. Parties are directed to cooperate with the
trial court.
8. With the aforesaid observation and direction, the Writ
Application is disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Digitally Signed Page 3 of 3.
Designation: AR-CUM-Senior Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 16-Apr-2025 17:18:20
