Orissa High Court
Pravakar Nayak vs State Of Odisha & Ors. ..... Opposite ... on 26 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.17372 of 2025
Pravakar Nayak ..... Petitioner
Represented By Adv. -
Jajati Keshari Khuntia
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
J.K. Bal, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
26.06.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
Additional Govt. Advocate for the State-Opposite Parties. Perused
the writ petition as well as documents annexed thereto.
3. The present writ petition has been filed by the petitioner
with the following prayers:
"It is therefore prayed that this Hon'ble Court may
be graciously pleased to admit the writ application, issue
Rule NISI, calling upon the opp. parties to show cause as
to why the impugned departmental proceeding dated
19.11.2014 under Annexure - 3 shall not be quashed and if
the opp. parties fail to show cause or show insufficient
cause make the said Rule be absolute.
And the Hon'ble Court pleased to issue a writ of
certiorari in quashing the impugned departmental
proceeding dated 19.11.2014 under Annexure - 3 and
further direction may be issued to the opp. party No. 3 and
4 to relase the pension, pensionary benefits like gratuity
and leave salary within a time stipulated by the Hon'ble
Court.
And pass any other order/orders would be deem fit
and proper as facts and circumstances of the case."
4. Learned counsel for the Petitioner at the outset contended
that initially the Petitioner was placed under suspension in the
year 2010 awaiting/ abetting initiation of a proceeding against
him. Thereafter, a proceeding was initiated and the Petitioner was
re-instated in the year 2011. Learned counsel for the Petitioner
further submitted that the Petitioner, who was entangled in
criminal cases, was facing trial in four vigilance case arising out
of one F.I.R. On the basis of such facts, a Departmental
Proceeding was also initiated against the Petitioner. He further
contended that in the meantime the proceeding against the
Petitioner was quashed by a Coordinate Bench of this Court vide
judgment 30.07.2024 in CRLREV No.126 of 2024. He further
contended that although the Petitioner has retired from service in
the meantime, however, he is not getting his retiral dues as well as
the pensionary benefits and other financial benefits as is due and
admissible to him on the ground that Departmental Proceeding is
pending against him.
5. Taking into consideration the aforesaid facts, this Court is
of the view that the dispute involved in the present writ
application can very well be addressed by directing the Opposite
Party No.3 to make every endeavour to conclude the pending the
Departmental Proceeding as expeditiously as possible preferably
within a period of three months from the date of communication
of a copy of today's order. The Petitioner is directed to cooperate
with an early conclusion of the Departmental Proceeding.
6. With the aforesaid observations/ directions, the writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 26-Jun-2025 18:09:19
