The Court stayed departmental proceedings against the petitioner for six months due to potential prejudice in the concurrent criminal trial, while directing expedited vigilance proceedings under the P.C. Act.
Departmental proceeding stayed for six months; Vigilance case to be expedited and concluded within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13941 of 2023
Rabi Narayan Sahoo
…. Petitioner Mr. L.N.Patel, Advocate
-versus-
State of Odisha and others
…. Opp. Parties Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
15.05.2023
// 2 //
Annexure-2 involving the Petitioner till finalization of the Criminal Trial vide Bhubaneswar Vigilance P.S. Case No.03 of 2022 corresponding to VGR Case No.06 of 2022.
// 3 //
petition by directing that the Departmental Proceeding against the Petitioner shall remain stayed for a period of six months from the date of this order. Further, on production of a certified copy of this order by the Petitioner, the Court in seisin of the trial of the case arising out of Bhubaneswar Vigilance P.S. Case No.03 of 2022 corresponding to VGR Case No.06 of 2022 under Section 13(2) read with 13(i)(b)/12 of P.C.Act, 1988 of the P.C. Act shall expedite the trial and make every endeavour to conclude the trial within one year. Parties are directed to cooperate with the trial court.
8. With the aforesaid observation and direction, the writ
application is disposed of.
RKS
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Signature Not Verified
Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 17-May-2023 12:15:17
3 issues framed by the court
Whether the departmental proceeding against the petitioner should be stayed till the finalization of the criminal trial to avoid prejudice from disclosing defence.
Whether the Supreme Court ratio regarding stay of departmental proceedings in pending criminal trials is applicable when charges differ between the two proceedings.
How the vigilance trial should be expedited given the stay imbibed from the present order.
Colour shows how this judgement treated each authority
(2012) 1 SCC- 442Relied on¶16
1 provisions across 1 enactments
Rabi Narayan Sahoo
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
