Kailash Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Kailash Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the authority to stay the departmental proceeding initiated by memorandum dated 21.03.2022 (Annexure-2) till finalization of the criminal case pending before the Special Judge, Vigilance, Sundargarh; Petitioner to produce a copy of the order before the competent authority within seven days and before the court below for early disposal of the criminal case. The Court expressed no opinion on the merits.

Issue for consideration

Whether the departmental proceeding initiated against the Petitioner on the self-same subject as the F.I.R. should be stayed pending finalization of the criminal case (Vigilance P.S. Case No.08/2021), in which trial has already commenced.

Court's answer

Writ petition disposed of with a direction to the authority to stay the departmental proceeding initiated pursuant to the memorandum dated 21.03.2022 (Annexure-2) until finalization of the criminal case initiated pursuant to the FIR in Vigilance P.S. Case No.08/2021, pending before the Special Judge, Vigilance, Sundargarh.

Ratio / Principle

Since trial has already started in the criminal case, the Petitioner is directed to produce a copy of the order before the competent authority within seven days so that necessary steps are taken, and before the court below for early disposal of the criminal case.

Detailed headnote1 paragraphs

Orissa High Court (A.K. Mohapatra, J.) disposed of a writ petition by Kailash Naik seeking stay of departmental proceedings pending the criminal case against him. The departmental proceeding had been initiated by memorandum dated 21.03.2022 (Annexure-2) on the self-same subject as the FIR in Vigilance P.S. Case No.08/2021 under Section 7 of P.C. Act, 1988 (as amended by PC Amendment Act, 2018), pending before the Special Judge, Vigilance, Sundargarh, wherein trial had already commenced. Considering the Petitioner's contention supported by M. Paul Anthony vs. Bharat Gold Mines Ltd., AIR 1999 SC 1416, the Court directed that the departmental proceeding remain stayed till finalization of the criminal case, and further directed the Petitioner to produce a copy of the order before the competent authority within seven days and before the court below for early disposal of the criminal case. The Court expressed no opinion on the merits of the case.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.483 of 2025

Kailash Naik

..... Petitioner Represented By Adv. - Kananbala Roy Choudhury

-versus-

State Of Odisha & Ors.

..... Opposite Parties Represented By Adv. – B.K. Sahu, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.02.2025

Order No.

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

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

The Petitioner has filed this writ petition seeking direction to the Opposite Parties to stay departmental proceeding pending finalization of the criminal case initiated against him vide Vigilance Case No.08 of 2021, arising out of Vigilance P.S. Case No.08/2021,

Page 1 of 3.

under Section 7 of P.C. Act, 1988.

Mrs. K.R. Choudhury, learned counsel for the Petitioner contended that departmental proceeding was initiated against the petitioner on the self-same subject which has been mentioned in the F.I.R. It is contended that trial has already been started in the criminal case initiated against the Petitioner. Therefore, the departmental proceeding which has been initiated against the Petitioner should be stayed till disposal of criminal case. To substantiate her case, she has relied upon the judgment of the Apex Court in the case of M. Paul Anthony vs. Bharat Gold Mines Ltd. , reported in AIR 1999 SC 1416 .

Considering the contention raised by learned counsel for the Petitioner and after going through the records, this writ petition stands disposed of directing the authority to stay the departmental proceeding initiated against the Petitioner pursuant to the memorandum issued on 21.03.2022 under Annexure-2, till finalization of the criminal case which has been initiated against the Petitioner pursuant to FIR lodged under Annexure-1 in Vigilance P.S. Case No.08/2021 under Section 7 of P.C. Act, 1988 amended by PC Amendment Act, 2018 pending before Special Judge, Vigilance, Sundargarh. Since the trial has already been started in the criminal case, as stated above, petitioner is directed to produce a copy of the order before the competent authority within a period of seven days, so that necessary steps shall be taken by the authority at their end. The Petitioner is also directed to produce a copy of this order before the court below for early disposal of the criminal case which is pending against him. Needless to say, this Court has not expressed any opinion on the merits of the case.

Page 2 of 3.

With the aforesaid observation, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

Anil

Signature Not Verified Page 3 of 3.

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 11-Feb-2025 15:13:09