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Kundan Mahakul Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
Kundan Mahakul Vs State of OdishaKundan Mahakul v. State of Odisha

Disposed¶20

Kundan Mahakul v. State of Odisha

Orissa HC14 Nov 2025WP(C)/32121/2025

Case brief

AI extract

What is this about?

Stay of departmental proceeding pending criminal case; self-same charges; no final order till disposal of criminal proceeding; Baunsuni P.S. Case No.123 dated 24.07.2025; Boudh District Proceeding No.17/2025 dtd.25.07.2025; Annexure-3 Memorandum dated 25.07.2025; disciplinary authority; prejudice in parallel proceedings; expeditious trial / Final form; Kundan Mahakul v. State of Odisha; W.P.(C) No.32121 of 2025; High Court of Orissa at Cuttack; Biraja Prasanna Satapathy, J.; disposed 14.11.2025.

What did the court decide?

Writ Petition disposed of with the observation that the departmental proceeding (Boudh District Proceeding No.17/2025 dtd.25.07.2025, Annexure-3) may continue but no final order will be passed till disposal of Baunsuni P.S. Case No.123 dated 24.07.2025; Addl. Standing Counsel directed to intimate the competent Criminal Court to expedite filing of the Final form and completion of trial.

Why is it important?

The departmental proceeding initiated vide Memorandum dated 25.07.2025 under Annexure-3 may continue, but no final order will be passed therein till disposal of the Criminal proceeding in Baunsuni P.S. Case No.123 dated 24.07.2025. ¶18

What the court decided

AI extract

Outcome

Writ Petition disposed of with the observation that the departmental proceeding (Boudh District Proceeding No.17/2025 dtd.25.07.2025, Annexure-3) may continue but no final order will be passed till disposal of Baunsuni P.S. Case No.123 dated 24.07.2025; Addl. Standing Counsel directed to intimate the competent Criminal Court to expedite filing of the Final form and completion of trial.

Issue for consideration

Whether the departmental proceeding pending against the Petitioner should be stayed until disposal of the criminal proceeding initiated on self-same charges (Baunsuni P.S. Case No.123 dated 24.07.2025).

Court's answer

The departmental proceeding initiated vide Memorandum dated 25.07.2025 under Annexure-3 may continue, but no final order will be passed therein till disposal of the Criminal proceeding in Baunsuni P.S. Case No.123 dated 24.07.2025.

Ratio / Principle

Learned Addl. Standing Counsel is directed to intimate the competent Criminal Court to take expeditious step for filing of the Final form and completion of trial in Baunsuni P.S. Case No.123 dated 24.07.2025.

Detailed headnote1 paragraphs

Service law / parallel proceedings - Stay of departmental proceeding pending criminal trial on self-same charges: The High Court of Orissa (Biraja Prasanna Satapathy, J.) disposed of a writ petition in which the Petitioner, facing a departmental proceeding (Boudh District Proceeding No.17/2025 dtd.25.07.2025, Annexure-3) and a criminal case (Baunsuni P.S. Case No.123 dated 24.07.2025) on self-same charges, sought stay of the departmental proceeding. The Court observed that the departmental proceeding may continue, but no final order will be passed till disposal of the criminal proceeding, and directed the Addl. Standing Counsel to intimate the competent Criminal Court to take expeditious steps for filing of the Final form and completion of trial. (Order dated 14.11.2025)

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32121 of 2025

Kundan Mahakul

…. Petitioner Mr. S. Mohanty, Advocate

-versus-

State of Odisha & …. Ors.

Opposite Parties Mr. P.K. Panda, ASC

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

Order No. 14.11.2025

1. 1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. Learned counsel appearing for the Petitioner contended that on the face of the pendency of the Department proceeding against the Petitioner in Boudh District Proceeding No.17/2025 dtd.25.07.2025 under Annexure-3, the disciplinary authority is proceeding with the proceeding, on the face of the Criminal Proceeding initiated on self-same charges in Baunsuni P.S. Case No.123 dated 24.07.2025.

4. It is contended that Petitioner will be seriously prejudiced if the departmental proceeding is disposed of, prior to disposal of the criminal proceeding, which has been initiated on self-same charges.

5. It is accordingly contended that pending disposal of the criminal proceeding, the departmental proceeding be stayed.

// 2 //

6. Learned Addl. Standing Counsel for the State on the other hand contended that there is no bar for continuance of both the proceedings, even though the charges are same.

7. Having heard learned counsel appearing for the Parties and considering the submissions made and the fact that both the proceedings have been initiated on selfsame charges, this Court while disposing the Writ Petition, observes that the proceeding initiated vide Memorandum dated 25.07.2025 under Annexure-3 may continue, but no final order will be passed, till disposal of the Criminal proceeding in Baunsuni P.S. Case No.123 dated 24.07.2025.

Learned Addl. Standing Counsel is directed to intimate the competent Criminal Court to take expeditious step for filing of the Final form and completion of trial in Baunsuni P.S. Case No.123 dated 24.07.2025.

8. With the aforesaid observations and directions, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy)

Judge

Basudev Signature Not Verified

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C utta ck Date: 20-Nov-2025 14:11:53

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the departmental proceeding pending against the Petitioner should be stayed until disposal of the criminal proceeding initiated on self-same charges (Baunsuni P.S. Case No.123 dated 24.07.2025).¶15
The court held
The departmental proceeding initiated vide Memorandum dated 25.07.2025 under Annexure-3 may continue, but no final order will be passed therein till disposal of the Criminal proceeding in Baunsuni P.S. Case No.123 dated 24.07.2025.ratio¶18

Procedural history

How this case reached the court

AI extract

Order under challenge
Departmental proceeding against the Petitioner in Boudh District Proceeding No.17/2025 dated 25.07.2025 (Memorandum under Annexure-3), which the disciplinary authority was continuing despite pendency of a criminal proceeding on self-same charges; the Petitionersought restraint on its disposal ahead of the criminal case.¶13
Disciplinary authority, Boudh District · 25.07.2025
Prior proceeding
Criminal proceeding initiated in Baunsuni P.S. Case No.123 dated 24.07.2025 on self-same charges as the departmental proceeding.¶13

Parties & counsel

AI extract

petitioner
Kundan Mahakul¶4
S. Mohanty
respondent
State of Odisha & Ors.¶7
P.K. Panda

Coram

AI extract

Biraja Prasanna Satapathyauthor¶8

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 14 Nov 2025 · November
Registered: 12 Nov 2025
Case no.: WP(C)/32121/2025
CNR: ODHC010793092025
Bench: Biraja Prasanna Satapathy
Disposal: Disposed Off
Case type: W.P.(C)

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Cite this judgement

Kundan Mahakul v. State of Odisha, WP(C)/32121/2025 (OD), decided on 14 November 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Departmental proceeding against the Petitioner in Boudh District Proceeding No.17/2025 dated 25.07.2025 (Memorandum under Annexure-3), which the disciplinary authority was continuing despite pendency of a criminal proceeding on self-same charges; the Petitionersought restraint on its disposal ahead of the criminal case.Disciplinary authority, Boudh District · 25.07.2025
Criminal proceeding initiated in Baunsuni P.S. Case No.123 dated 24.07.2025 on self-same charges as the departmental proceeding.

View full history

Bench / Coram

Biraja Prasanna Satapathy

Parties & counsel