Orissa High Court
Kailash Naik vs State Of Odisha & Ors. ..... Opposite ... on 10 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.483 of 2025
Kailash Naik ..... Petitioner
Represented By Adv. -
Kananbala Roy
Choudhury
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.02.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed this writ petition seeking direction to
the Opposite Parties to stay departmental proceeding pending
finalization of the criminal case initiated against him vide Vigilance
Case No.08 of 2021, arising out of Vigilance P.S. Case No.08/2021,
under Section 7 of P.C. Act, 1988.
4. Mrs. K.R. Choudhury, learned counsel for the Petitioner
contended that departmental proceeding was initiated against the
petitioner on the self-same subject which has been mentioned in the
F.I.R. It is contended that trial has already been started in the
criminal case initiated against the Petitioner. Therefore, the
departmental proceeding which has been initiated against the
Petitioner should be stayed till disposal of criminal case. To
substantiate her case, she has relied upon the judgment of the Apex
Court in the case of M. Paul Anthony vs. Bharat Gold Mines Ltd.,
reported in AIR 1999 SC 1416.
5. Considering the contention raised by learned counsel for the
Petitioner and after going through the records, this writ petition
stands disposed of directing the authority to stay the departmental
proceeding initiated against the Petitioner pursuant to the
memorandum issued on 21.03.2022 under Annexure-2, till
finalization of the criminal case which has been initiated against the
Petitioner pursuant to FIR lodged under Annexure-1 in Vigilance
P.S. Case No.08/2021 under Section 7 of P.C. Act, 1988 amended by
PC Amendment Act, 2018 pending before Special Judge, Vigilance,
Sundargarh. Since the trial has already been started in the criminal
case, as stated above, petitioner is directed to produce a copy of the
order before the competent authority within a period of seven days,
so that necessary steps shall be taken by the authority at their end.
The Petitioner is also directed to produce a copy of this order before
the court below for early disposal of the criminal case which is
pending against him. Needless to say, this Court has not expressed
any opinion on the merits of the case.
6. With the aforesaid observation, the writ application stands
disposed of.
7. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Location: High Court of Orissa
