Laxman Kumar Behera v. State of Odisha & Ors.
Case at a glance
- Bench
- BIRAJA PRASANNA SATAPATHY
Key paragraphs
- Para 33. 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 criminal case, this Court finds support of the submission of learned counsel has also…
- Para 44. With the aforesaid direction, the writ petition stands disposed of. Sangita (Biraja Prasanna Satapathy) Judge
Judgment
ORDER 24.08.2022
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 criminal case, this Court finds support of the submission of learned counsel has also the support of decision of the Hon’ble 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. This Court accordingly disposes of the writ petition directing stay of the Department Memorandum No.17037 dated 26.08.2014 involving the petitioner till finalization of the Criminal Trial vide Korapur Vigilance P.S. Case No.31/2013 pending in the Court of Special Judge, Vigilance, Jeypore. This // 2 // Court also directs the trial involving Korapur Vigilance P.S. Case No.31/2013 be expedited and completed within a period of one (1) year from the date of receipt of this order.
With the aforesaid direction, the writ petition stands disposed of. Sangita (Biraja Prasanna Satapathy) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.