Kimet v. State of Orissa

CRLMP No. 289 of 2016

15. 08.05.2017 Heard learned counsel for the petitioner and learned A
dditional Government Advocate. This writ petition has been fi
eld by the petitioner with a prayer to direct Opposite Party No. 4 -Inspector-in-Charge, Chhen
dipada Police Station to take appropriate action against the miscreants/terminated staffs/Oppo
site Party Nos. 5 to 14, who are allegedly and unauthorizedly collecting cash from the studen
ts of the institution-KIMET.

 The petitioner claims to be the founder trusteeChairman of KI
MET, Chhendipada and it is alleged by him that some Staff Members including teaching and non-t
eaching, who had been retrenched by the Management are illegally collecting fees from the stud
ents of the petitioner-Institution and depositing the same in their personal accounts and that
 in this respect though a written report as per Annexure-5, dated 24.02.2016 was lodged before
 the IIC, Chhednipada Police Station, no action thereon has been taken as yet.

 An affidavit has been filed on behalf of Opposite Party Nos. 3
 & 4 to the effect that on the written report of the petitioner Chhendipada Police Station Dia
ry Entry No. 505, dated 26.02.2016 was registered and inquiry into the same is going on. It is
 also averred that in spite of issuance of notice dated 08.03.2016, the petitioner did not app
ear for the purpose of inquiry.

 Shri Ashok Mohanty, learned Senior Advocate appearing for Oppo
site Party Nos. 5 to 14 submits that there is no case for directing an investigation to be con
ducted on the written report of the petitioner unless after preliminary inquiry into the Stati
on Diary Entry, the Inquiring Officer comes to the conclusion about prima-facie commission of
any offence.

 Learned counsel for the petitioner submits that he has not rec
eived any notice from Opposite Party Nos. 3 & 4 to participate in any inquiry into the allegat
ions made in the Station Diary Entry.