[Cites 2, Cited by 0]
Orissa High Court
Deepa Das vs High Court Of Orissa on 9 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28159 of 2025
Deepa Das .... Petitioner(s)
Represented by Adv.-
Ms. J. Kaur, Advocate
-Versus-
High Court of Orissa, Cuttack and .... Opposite Party(s)
others
Represented by Adv.
Mr. Debaraj Mohanty, AGA
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 09.02.2026
(Hybrid mode)
02. 1. Heard learned counsel for the parties.
2. The petitioner has invoked the writ jurisdiction of this
Court under Articles 226 and 227 of the Constitution of India to
explore the following relief:-
"Under the facts and circumstances as narrated above it
is humbly prayed that this Hon'ble Court may graciously
be pleased to issue Rule Nisi calling upon the opposite
parties to show cause and after hearing the parties be
pleased to quash order passed in the D.P. 07 of 2023
dated 20.09.2024 and further direct the opposite parties
for conducting fresh inquiry after supplying of the
documents sought by the petitioner, and further be pleased
to pass any order/orders as deemed fit and proper."
3. The matter was heard at length on 06.11.2025 and
following order was passed:-
"1. Ms. Jasprit Kaur, learned counsel submits that she
along with her associates have entered appearance and
filed Vakalatnama on behalf of the petitioner, who was
appearing in person earlier. Vakalatnama shall be taken
on record. Scanned copy be updated. Name of the learned
counsel shall be reflected in the cause list and case brief
in place of "Petitioner in person".
2. We have heard the learned counsel for the petitioner at
length and also deliberated on the points argued by her.
The petitioner is also present in person as noticed by the
Court.
With regard to the prayer made in the writ
petition, in course of hearing the learned counsel, we
asked to show us what is the stage of Disciplinary
Proceeding, i.e. D.P. No.07 of 2023 initiated against the
petitioner by the Disciplinary Authority and whether any
order has been passed by the Disciplinary Authority; in
response it is submitted that pursuant to the enquiry
report annexed to the writ petition marked as Annexure-2
dated 20.09.2024, the petitioner has been asked to submit
her response. It is submitted that on "18.03.2025 her
response was submitted".
We do not find any letter dated 18.03.2025
annexed to the writ petition.
3. While hearing, we have further asked the learned
counsel for the petitioner whether this Court in exercise of
its writ jurisdiction can interfere before any decision is
taken by the Disciplinary Authority. In response it is
submitted that the 'petitioner is not provided' with the
document(s) sought for.
We also requested the learned counsel for the
petitioner to show us by which letter the petitioner has
sought for the documents. In response, learned counsel for
the petitioner refers to the letter dated 26.12.2018 which
is marked as Annexure-6 and letter dated 15.02.2024
marked as Annexure-9. The said letters were placed by the
learned counsel for the petitioner as part of her
submissions for consideration.
Having gone through the said letters, we do not
find that the petitioner has sought for any particular
documents from the authority as she submitted.
4. Learned counsel for the petitioner refers to the letter
dated 26.12.2018 (Page 146 of the writ petition) which
reads "all the case records, all the registers, all the issued
and received letters including confidential letters (in
original), which I was dealing during my tenure from
25.11.2017 to 29.10.2018 at Nayagarh."
It seems from the above statement of the petitioner
in the letter that the particulars of the records that is
being sought for by her and how it is connected to the
disciplinary proceeding cannot be deciphered.
5. At this stage, we do not wish to make any further
observations regarding the contents of the letter dated
26.12.2018. The fact as it stands is that the petitioner
seeks interference of this Court in the enquiry report dated
20.09.2024 which is pending consideration by the
Disciplinary Authority.
6. To appreciate the contentions of the petitioner, we also
required the learned counsel for the petitioner to disclose
whether the Disciplinary Authority have taken any
decision pursuant to the enquiry report; in response it is
submitted that no decision has been taken by the
Disciplinary Authority.
In such scenario, we sought for answer from the
learned counsel for the petitioner whether at this stage,
before the Disciplinary Authority has taken any decision,
this Court can interfere in judicial review without the
decision having been taken.
7. The learned counsel for the petitioner seeks and has
adjournment.
List on 5th December, 2025."
4. Today, when the matter was again taken up, Ms. J. Kaur,
learned counsel for the petitioner attempted to answer the query
put forth by this Court regarding the maintainability of the writ
petition. She has relied upon two judgments of the Hon'ble
Supreme Court in Amarendra Kumar Pandey vrs. Union of India
and others, Civil Appeal Nos. 11473-11474 of 2018 and Union of
India and others vrs. P. Gunasekaran, S.L.P. (Civil) No. 23631 of
2008.
5. Perused the pleadings and the documents placed on record
and analyzed the judgment cited by the learned counsel for the
petitioner in the light of the fact of the present case. In both the
cases cited by learned counsel for the petitioner, the proceedings
were initiated after the final order in the departmental proceeding
was passed imposing penalty. Therefore, the query put forth upon
in the proceeding dated 06.11.2025 is not adequately answered.
We are also satisfied that since the departmental proceeding is in
the midst, this Court should be loath in interfering with the matter.
Therefore, we declined to entertain this writ petition. However, it
is open for the petitioner to raise all the points, as has been raised
in the present petition, at the appropriate stage, if any cause of
action survives.
6. With the aforesaid liberty, the writ petition stands disposed
of.
(Manash Ranjan Pathak)
Judge
(Sibo Sankar Mishra)
Judge
Ashok/Swarna
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 11-Feb-2026 18:13:36
