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Orissa High Court
Sitakanta Dash vs State Of Odisha & Others .... Opposite ... on 3 February, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1489 of 2026
Sitakanta Dash
.... Petitioner
Mr. S.K. Das, Advocate
-versus-
State of Odisha & Others .... Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 03.02.2026
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia with
the following prayer:-
"Under the above circumstances, it is therefore humbly
prayed that this Hon'ble Court be graciously be pleased to
quash the order of dismissal dtd: 10.03.2017 under
Annexure-2 and the order refusing reinstatement vide letter
no. 1437 dtd: 27.10.2025 under Annexure-5;
And further the petitioner prays for a direction to the Opp.
Parties to reinstate him in service forthwith and to grant all
consequential service and financial benefits including arrear
salary for the period he was out of employment i.e.
10.03.2017 till reinstatement with interest minimum @ 7% per
annum within a stipulated period as deem fit and proper;
And further The Hon'ble Court be pleased to direct the Opp.
Parties to promote the petitioner to the next higher
rank/ranks i.e. from the date his immediate juniors and
batch mates got such promotion/promotions with all benefits;
And/or pass any other writ/writs, order/orders,
direction/directions in the fitness of the case;
And for this act of kindness as in duty bound the Petitioner
shall ever pray."
// 2 //
4. It is contended that while continuing under the Home
Department as S.I of Police, Petitioner because of his
conviction and sentence passed in Cuttack Vigilance, P.S.
Case No.43 dtd.22.11.2005, he was dismissed from his
services vide order dtd.10.03.2017 under Annexure-2, in
exercise of the power conferred under Ariticle-311 of the
Constitution of India.
4.1. It is contended that order of conviction and sentence
though was under challenge before this Court in Criminal
Appeal No.78 of 2017, but during pendency of the appeal,
Petitioner was dismissed from his service vide order under
Annexure-2. However, it is contended that in the appeal so
filed, this Court vide judgment dtd.30.05.2025 when
acquitted the Petitioner from the charges, Petitioner made
an application before Opposite Party No.4 seeking his
reinstatement. As no decision was taken on the prayer for
reinstatement, Petitioner approached this Court by filing
W.P.(C) No.19630 of 2025.
4.2. This Court vide order dtd.18.07.2025 under Annexure-
4, when directed for consideration of the Petitioner's claim
for reinstatement because of his acquittal in the vigilance
proceeding, which was the basis of his removal, taking into
account the decision in the case of Ram Lal vrs. State of
Rajasthan and Ors. But on the ground that, the State is
in the process to challenge the order of acquittal passed by
this Court in Criminal Appeal No.78 of 2017, Opposite
// 3 //
Party No.4 rejected Petitioner's claim for reinstatement vide
the impugned order dtd.27.10.2025 under Annexure-5.
4.3. Challenging order dtd.27.10.2025, Petitioner when
approached this Court once again in W.P.(C) No.31711 of
2025, this Court passed the following order on 12.11.2025:-
"1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Taking into account the nature of order passed under
Annexure-7, learned counsel appearing for the Petitioner
prays for withdrawal of the Writ Petition with liberty to
reiterate his prayer after some time if as indicated in the
impugned order, no appeal is filed by the State against the
order of acquittal.
4. With the aforesaid liberty, the Writ Petition stands
disposed of."
4.4. It is contended that on the face of the order passed by
this Court on 12.11.2025 and when no appeal was filed
challenging the order of acquittal, the present Writ Petition
has again been filed challenging order dtd.27.10.2025, so
passed under Annexure-10. It is contended that since no
appeal has yet been filed, the ground on which claim of the
Petitioner was rejected is not sustainable.
5. Considering the stand taken in the petition, this
Court passed the following order on 19.01.2026:-
"1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the Parties.
3. Learned counsel appearing for the Petitioner contended
that on the plea that State is in the process to move the
Apex Court against the order of acquittal passed by this
// 4 //
Court in its judgment dt.30.05.2025 under Annexure-3,
claim of the Petitioner for his re-instatement has been
rejected.
4. It is contended that till date, no SLP has yet been filed
challenging the judgment in question.
5. Learned Addl. Standing Counsel is directed to obtain
instruction.
6. As requested, list this matter in the week commencing
02.02.2026."
6. Today, when the matter was taken up, learned Addl.
Government Advocate fairly contended that no appeal has
yet been filed and the State is in the process to file the
same.
7. Having heard learned counsel appearing for the
Parties and considering the submission made, this Court
finds that Petitioner was dismissed from his services vide
order dtd.10.03.2017 under Annexure-2 of Opposite Party
No.4, after Petitioner was convicted and sentenced in
Cuttack Vigilance P.S. Case No.43, dtd.22.11.2005.
7.1. As found, Petitioner was acquitted from the charges
vide judgment dtd.30.05.2025 of this Court in Criminal
Appeal No.78 of 2017. Since it is not disputed that no
appeal has yet been filed by the State challenging the order
of acquittal, it is the view of this Court that the ground on
which Petitioner's claim for reinstatement was rejected vide
the impugned order dtd.27.10.2025 under Anneure-5 is not
sustainable in the eye of law.
7.2. While quashing the said order, this Court directs
Opposite Party No.4 to take a fresh decision taking into
// 5 //
account the order passed on 18.07.2025 in W.P.(C)
No.19630 of 2025. Such a fresh order be passed within a
period of four (4) weeks from the date of receipt of this order
with due communication to the Petitioner.
8. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
