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2024 DAILYLAW 797 (ORI)

BIJAYA KUMAR SABAT v. SECRETARY, DEPTT. OF AGRICULTURE AND FARMERS EMPOWERMENT, BBSR

WP(C)/10447/2024 · 2026-02-26

Biraja Prasanna Satapathy

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10447 of 2024 Bijaya Kuamr Sabat …. Petitioner Ms. S. Pani, Advocate -versus- Secretary, Deptt. of Agriculture & Farmers Empowerment, BBSR & Ors. …. Opposite Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 26.02.2026 09. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. While assailing the impugned order dtd.03.04.2023 so passed by the Government-Opposite Party No.1 under Annexure-3 in disposing the proceeding initiated against the Petitioner vide Memorandum dtd.24.06.2016, learned counsel appearing for the Petitioner contended that such a punishment could not have been imposed in the disciplinary proceeding, while on self-same charges a vigilance proceeding is also pending against the Petitioner in Berhampur (Vigilance) P.S Case No.35/2009, pending in the Court of learned Special Judge, (Vigilance), Berhampur. 4. It is accordingly contended that since both the proceedings were initiated on self-same charges, the disciplinary proceeding could not have been concluded prior to disposal of the vigilance proceeding. 5. However, in course of hearing, learned counsel appearing for the Petitioner fairly contended that she may be permitted to withdraw the writ petition with liberty to challenge the order if ultimately Petitioner is acquitted in the vigilance proceeding. 6. Learned Addl. Government Advocate for the State has no serious objection to the course of action proposed. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, the Writ Petition stands disposed of with the liberty as prayed for. (Biraja Prasanna Satapathy) Subrat Judge