Partly allowed

Dolamani Sahu v. State of Odisha

Orissa HC4 May 2023WP(C)/5149/2023

Case brief

AI extract

What is this about?

Single-judge writ petition seeking a stay on further disciplinary proceedings pending the disposal of a criminal trial. The Court stayed proceedings for six months and directed the authorities to expedite the trial by filing the Proof of Recovery (P.R.).

What did the court decide?

The disciplinary proceeding stayed for six months. Authorities directed to take steps for early disposal of the criminal trial by filing P.R.

Dolamani Sahu Vs State of Odisha — Service and Employment | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C). No.5149 of 2023

¶3

Dolamani Sahu

¶4

…. Petitioner

¶5

Mr. M.K. Chand, Advocate

¶6

-versus-

¶7

…. State of Odisha and others Opposite Parties

¶8

Mr. T. Patnaik, A.S.C.

¶9

CORAM:

¶10

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

04.05.2023

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶15

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

¶16

The present writ petition has been filed by the petitioner with the following prayers:

¶17

“Under such Circumstances the Petitioner therefore Pray that this Hon’ble Court may kindly be Pleased to Admit the Writ application, issue Rule NISI calling upon the Opp. Parties more especially Opp-Party No-2 & 3 to show cause as to why the further proceeding of Department Proceeding as per Annexure2 shall not be kept in abeyance till disposal of the Criminal Trial as per Annexure No.1.

¶18

And upon Showing no Cause or insufficient Cause the Rule be made absolute by allowing the Writ Application with a subsequent direction to the OppParties more especially Opp-Party No-2 & 3 to keep in

¶19

// 2 //

¶20

abeyance the further proceeding of Departmental Proceeding as per Annexure-2 till disposal of the Criminal Trial as per Annexure No-1.

¶21

And to Pass any Order/Orders and to grant any other Relief/Reliefs as this Hon’ble Court deems fit and Proper.”

¶22

It is submitted by learned counsel for the petitioner that earlier the petitioner approached this Court by filing a writ application bearing W.P.(C) No.20180 of 2020, which was disposed of by the coordinate Bench of this Court vide order dated 25.08.2020 with a direction to stay the disciplinary proceeding for a period of six months. He further submits that in the meantime, the criminal case is pending in a couple of years and P.R. has not been filed in the excise case.

¶23

Considering such submissions made, this Court directs that the disciplinary proceeding involved in the present case shall remain stayed for a period of six months with a direction to the petitioner to take steps for early disposal of the trial. Further, the authorities are also directed to do well to take steps for early disposal of the trial, which is pending since long by filing the P.R.

¶24

With the aforesaid observation/direction, the writ petition is disposed of.

¶25

Urgent certified copy of this order be granted on proper application.

¶26

Jagabandhu

¶27

JAGABAND Digitally signed by JAGABANDHU BEHERA HU BEHERA Date: 2023.05.09 06:56:48 +05'30'

Dolamani Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dolamani Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bharati Jena Vs R.M.,U.I.I.Co.Ltd.

Khiroda Kumar Mishra Vs State of Odisha

Hemanta Bhue Vs State of Odisha

Sonu Sisa Vs State of Odisha

Basanta Kumar Routray Vs State of Odisha

Ajit Raula Vs State of Odisha