Orissa High Court
Akshaya Kumar Sahoo vs State Of Odisha And Others ..... ... on 5 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.6420 of 2025
Akshaya Kumar Sahoo ..... Petitioner
Represented By Adv. -
Mr. Krishna Chandra
Sahu
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
05.03.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr. K.C. Sahu, 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 initiated against him, arising
out of Vigilance P.S. Case No.110/2014, under Section 7 of P.C.
Act, 1988.
4. Mr. K.C. Sahu, 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 Series 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.1 &
4 to stay the departmental proceeding initiated against the
Petitioner pursuant to the memorandum issued on 10.03.2016
under Annexure-2 Series, 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.110/2014
under Section 7 of P.C. Act, 1988 amended by P.C. Amendment
Act, 2018 pending before Special Judge, Vigilance, Sambalpur.
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.3793 of 2025 stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Debasis
