Madhusudan Patra v. State of Odisha & Ors.

ORDER 20.10.2022

1. This matter is taken up through Hybrid Mode.

Heard.

Considering the submission that during pendency of the criminal trial, filing of defence by the Petitioner in the disciplinary proceeding will jeopardize the prospect of the delinquent Petitioner involving the vigilance case, this Court finds support of the submission of learned counsel for the Petitioner has also the support of decision of the Hon’ble apex Court reported in AIR 1999 SC 1416, decided by taking support of the old decision of the Hon’ble apex Court reported in AIR 1965 SC 155. This Court accordingly disposes of the writ Petition directing stay of the Disciplinary proceeding dtd.05.05.2022 under Annexure-3 involving the Petitioner till finalization of the Sambalpur Vigilance P.S. Case No.07 of 2019 pending in the Court of learned Special Judge (Vigilance), Sundargarh. This Court also directs involving Sambalpur Vigilance P.S. Case No.07 of 2019 be expedited and efforts be made to dispose the same as expeditiously as possible preferably within a period of six months hence. // 2 //

With the aforesaid direction, the writ Petition stands disposed of. Issue urgent certified copy as per rules. Subrat (Biraja Prasanna Satapathy) Judge