Orissa High Court
Bandita Mahapatra vs State Of Odisha And Another ..... ... on 24 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8238 of 2025
Bandita Mahapatra ..... Petitioner
Represented By Adv. -
Mr. S. Panda
-versus-
State Of Odisha and another ..... Opposite Parties
Represented By Adv. -
Mr. Samresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
24.03.2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner as well as
learned counsel for the State-Opposite Parties. Perused the writ
petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
Under the circumstances, the Petitioner
therefore prays that this Hon'ble Court may be
pleased to issue Rule-Nisi calling upon the
Opposite Parties to show-cause as to why the
initiation and continuance of departmental
proceedings against him vide Annexure-1 above
shall not be quashed as being both illegal,
premature as well as not in accordance with Rules;
And upon the Opposite Parties failing to
show-cause or showing insufficient cause thereto
the said Rule be made absolute against them and a
writ of Mandamus or such other appropriate writ
as may be deemed fit and proper may be issued
declaring the initiation and continuance of
departmental proceedings against him vide
Annexure-1 above as being illegal and the said
proceedings be quashed;
And to pass such other relief/relief(s) as may
be deemed fit and proper."
4. It is stated by the learned counsel for the Petitioner that
while the Petitioner was working as Town Planner under the
Sambalpur Development Authority, two criminal cases bearing
Khetrajpur P.S. Case Nos.209 & 210 of 2023 were instituted at
the instance of the present Petitioner on 18.08.2023. Thereafter
another F.I.R. was lodged before the Ainthapali Police Station
bearing Ainthapali P.S. Case No.369 of 2023, which
corresponds to G.R. Case No.2017 of 2023 implicating the
Petitioner as an accused on 01.09.2023. In connection with the
Ainthapali P.S. Case No.369 of 2023, the Petitioner was arrested
and taken into custody on 07.09.2023. Thereafter preliminary
charge sheet was filed on 01.12.2023 keeping the investigation
open.
5. Learned counsel for the Petitioner further contended that
in the meantime, the Petitioner has retired from service on
attaining the age of superannuation on 21.03.2024. While this
was the position, the Petitioner was served with a charge memo
on 07.02.2025 in a Departmental Proceeding, which was
initiated long after the retirement of the present Petitioner.
Being aggrieved by such initiation of Departmental Proceeding
based on the self-same allegation, self-same evidence and the
witnesses, the Petitioner has approached this Court by filing the
present writ petition.
6. Learned counsel for the Petitioner further contended that
filing of defence by the Petitioner in the departmental
proceeding will jeopardize the prospect of the delinquent-
Petitioner involved in the criminal case.
7. Learned counsel for the State, on the other hand, opposed
the submission made by the learned counsel for the Petitioner.
He further contended that the departmental proceeding against
the Petitioner should not be quashed and further prays for
dismissal of the writ petition.
8. Considering the submission made by learned counsel for
the Petitioner that during pendency of criminal trial, filing of
defence by the Petitioner in the departmental 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'blc 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.
9. 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 Departmental Proceeding
against the Petitioner shall remain stayed for a period six months
from the date of this order. Further, on production of certified
copy of this order by the Petitioner, the Court in seisin of the
trial of the case arising out of Ainthapali P.S. Case No.369 of
2023 under Sections 420/468/471/34 of the I.P.C. shall expedite
the trial and make every endeavour to conclude the trial within
six months. Parties are directed to cooperate with the trial court.
10. With the aforesaid observation and direction, the writ
application is disposed
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Debasis
