Orissa High Court
Sanatan Pradhan vs ) State Of Odisha ..... Opposite Parties on 17 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.15579 of 2025
Sanatan Pradhan ..... Petitioner
Represented By Adv. -
Manoja Kumar Khuntia
-versus-
1) State Of Odisha ..... Opposite Parties
2) D.g. And I.g. Of Police, Odisha Represented By Adv. -
3) Superintendent Of Police, Boudh Mr.U.R.Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.06.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Ms.B.K.Pattnaik, learned counsel for the
Petitioner as well as learned Additional Standing Counsel
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 till finalization of the criminal case
bearing Special Case No.43 of 2023 initiated against him,
arising out of Boudh P.S. Case No.38 of 2023, under
Sections 20(b)(ii) B/29 of N.D.P.S.Act pending in the Court
of the learned Judge, Special Court, Boudh.
4. Ms.Pattanaik, 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
not yet been started in the vigilance case initiated against
the Petitioner. Therefore, the departmental proceeding
which has been initiated against the Petitioner as per
Annexure-2 should be stayed till disposal of criminal
case. To substantiate his case, he 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 Opposite
Parties No.3 to stay the departmental proceeding initiated
against the Petitioner pursuant to the memorandum issued
on 06.004.2023 under Annexure-2 for a period of one
year. Since the trial has not yet 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 as
well as I.A. No.8834 of 2025 stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
