Bibhu Nandan Keshari Nayak vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 1279 Ori

Orissa High Court

Bibhu Nandan Keshari Nayak vs State Of Odisha & Ors. ..... Opposite ... on 15 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
               WP(C) No. 18419 of 2025

Bibhu Nandan Keshari Nayak          .....                Petitioner
                                                  Mr. R.N. Behera, Advocate
                                  -versus-
State of Odisha & Ors.               .....            Opposite Parties
                                                      Mr. P.K. Panda, ASC


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

15.07.2025

1. This matter is taken up through hybrid mode.

2. Heard Mr. R.N. Behera, learned counsel appearing for the Petitioner and Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the Opp. Parties.

3. The present writ petition has been filed inter alia challenging order dtd.21.01.2025 under Annexure-6 by which Petitioner has been terminated from his services on the ground of his conviction and sentences in the vigilance case vide Annexure-1.

4. Learned counsel appearing for the Petitioner contended that challenging such order of conviction and sentence, Petitioner has already approached this Court by filing Criminal Appeal No. 1303 of 2024.

4.1. It is also contended that vide order dtd.20.12.2024 while admitting the appeal Petitioner has been directed to be released on bail. It is contended that since the order of conviction and sentence is under challenge in Criminal Appeal No. 1303 of 2024 and the same has been

entertained by this Court, the ground on which Petitioner has been terminated from his services vide the impugned order is not sustainable in the eye of law.

5. Learned Addl. Standing Counsel on the other hand contended that since the order of conviction and sentence so challenged in Criminal Appeal No. 1303 of 2024 has not been stayed, no illegality or irregularity can be found with the impugned order as Petitioner continues to be a convicted employee.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner while in service, he was convicted in the vigilance case vide Judgment passed under Annexure-1. Even though the same is under challenge before this Court in Criminal Appeal No. 1303 of 2024, but it is found that the order of conviction and sentence has not been stayed.

6.1. Since the order of conviction and sentence has not been stayed by this Court, it is the view of this Court that no illegality or irregularity has been committed by the authorities in terminating the services of the Petitioner vide the impugned order dtd.21.01.2025 under Annexure-6. Therefore, this Court is not inclined to interfere with the said order and dismiss the writ petition, however, with the observation that such order of termination shall be subject to final outcome of Criminal Appeal No. 1303 of 2024.

7. The writ petition is disposed of accordingly.

Signed by: SNEHANJALI PARIDA                              (BIRAJA PRASANNA SATAPATHY)

Location: High Court of Orissa, Cuttack                                Judge
Date: 16-Jul-2025 10:45:34Sneha