Basanta Kumar Behera v. State of Odisha & Ors.

ORDER 28.03.2023 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 Disciplinary Proceeding vide C.P. H.Q Proceeding No. 11 of 2009 under Annexure-2 involving the petitioner finalization of the Criminal Trial vide Berhampur Vigilance P.S. Case No.15 of 2008 pending in the court // 2 // of Special Judge, Vigilance, Berhampur. This Court also directs the trial involving Berhampur Vigilance Case No. 15 of 2008 be completed within a period of 6 (six) months from the date of reciept of this order. Learned A.S.C is directed to provide a copy of this order to the concerned Vigilance Judge for compliance.

With the aforesaid direction, the writ petition stands disposed of. sangita (Biraja Prasanna Satapathy) Judge