Orissa High Court
Prabeen Kuamr Hota vs State Of Odisha And Others ..... ... on 13 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.15147 of 2025
Prabeen Kuamr Hota ..... Petitioner
Represented By Adv. -
Manoja Kumar Khuntia
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. P.S. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
13.06.2025
Order No.
01. 1. This matter is taken up through Hybrid 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 Disciplinary Proceeding dated 05.05.2022 under
Annexure-2 involving the Petitioner till finalization of the Criminal
Trial vide Koraput Vigilance P.S. Case No.03 of 2022 pending in the
Court of the learned Special Judge, Vigilance, Jeypore.'
5. Learned counsel for the Petitioner submitted that earlier the
aforesaid Disciplinary Proceeding was stayed vide order dated
03.05.2023 passed by this Court in W.P.(C) No.13807 of 2023. He
further contended that the vigilance case has not progressed.
6. 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 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
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.
7. This Court on a careful scrutiny of the charges in both
proceedings partly agrees with the submission made by learned AGA
for the state. 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.
8. 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 against the
Petitioner shall remain stayed for a further 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 the case
arising out of Koraput Vigilance P.S. Case No.03 of 2022 under
Section 7 of the P.C. (Amendment) Act shall expedite the trial and
make every endeavor to conclude the trial within one year. Parties
are directed to cooperate with the trial court.
9. With the aforesaid observation and direction, the writ
application is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Vacation Judge
S.K. Rout
Reason: Authentication Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 13-Jun-2025 18:32:08
