Md. Asrar vs Union Of India & Ors. ..... Opposite ...
2026 Latest Caselaw 2038 Ori

Orissa High Court

Md. Asrar vs Union Of India & Ors. ..... Opposite ... on 7 March, 2026

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

    IN THE HIGH COURT OF ORISSA AT CUTTACK
               WP(C) No. 6751 of 2026
MD. Asrar                  .....      Petitioner
                                                 Mr. B. Panigrahi, Advocate
                                 -versus-
Union of India & Ors.               .....            Opposite Parties
                                                     Mr. P.K. Parhi, DSGI
                                                          along with
                                                      Mr. J. Panda, CGC
                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

07.03.2026

1. This matter is taken up through hybrid mode.

2. On the oral prayer made by the learned counsel appearing for the Petitioner, he is permitted to correct the description of Annexure in the prayer portion of the brief as Annexure-3 in place of Annexure-2 in Court.

3. Heard learned counsel for the parties.

4. Learned counsel appearing for the Petitioner contended that on the face of the pendency of the Departmental proceeding against the Petitioner vide Memorandum dated 06.02.2026 U/s.9(1) of the RPF Act, 1957 read with Rule-153 of the RPF Rules, 1987 under Annexure-3, the disciplinary authority is proceeding with the proceeding, on the face of the Criminal Proceeding initiated on self- same charges in Khurda DSPE, CBI, ACB Case No.RC34(A)/2025- BBS (RC0152025A0035) dated 09.10.2025.

4.1. It is contended that Petitioner will be seriously prejudiced if the departmental proceeding is disposed of, prior to disposal of the criminal proceeding, which has been initiated on self-same charges.

4.2. It is accordingly contended that pending disposal of the criminal proceeding, the departmental proceeding be stayed.

5. Learned Addl. Standing Counsel for the State on the other hand contended that there is no bar for continuance of both the proceedings, even though the charges are same.

6. Having heard learned counsel appearing for the Parties and considering the submissions made and the fact that both the proceedings have been initiated on self-same charges, this Court while disposing the Writ Petition, observes that the proceeding initiated vide Memorandum dated 06.02.2026 under Annexure-3 may continue, but no final order will be passed, till disposal of the Criminal proceeding in Khurda DSPE, CBI, ACB Case No.RC34(A)/2025-BBS (RC0152025A0035) dated 09.10.2025.

Learned Special Judge, CBI-I, Bhubaneswar is directed to expedite the trial of Criminal case bearing R.C. Case No.34(A) of 2025 dated 09.10.2025.

7. With the aforesaid observations and directions, the Writ Petition stands disposed of.

                                                         (BIRAJA PRASANNA SATAPATHY)

Digitally Signed          Sneha


Location: High Court of Orissa, Cuttack
Date: 07-Mar-2026 15:21:06