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2025 DAILYLAW 36740 (ORI)

LOKANATH NAIK v. GENERAL MANAGER, MAHANADI COAL FIELD LTD., ANGUL

WP(C)/15326/2023 · 2025-08-06

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15326 of 2023 Lokanath Naik …. Petitioner Mr. U.C. Mohanty, Advocate -versus- General Manager, Mahanadi Coal Field Ltd., Angul …. Opposite Party Mr. S.D. Das, Sr. Advocate along with Mr. A.K. Nath, Advocate for MCL. CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 06.08.2025 11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner contended that on self-same charges, petitioner is facing a departmental proceeding as well as the criminal proceeding in R.C. No.03(A)/2021 registered on 27.04.2021 before the learned Special Judge (CBI), Bhubaneswar. 3.1. It is contended that since petitioner is facing both the proceeding on self-same charges, he will be seriously prejudiced if the departmental proceeding is finalized prior to disposal of the aforesaid criminal proceeding so pending before the learned Special Judge (CBI), Bhubaneswar. 4. Learned Senior Counsel appearing for the Mahanadi Coal Field on the other contended that there is no bar to proceed with both the proceeding even though charges are similar. 5. Having heard learned counsel for the parties and considering the submissions made, this Court is of the view that since charges in both the proceeding are similar, if the departmental proceeding will be disposed of prior to disposal of the criminal proceeding, it will cause prejudice to the petitioner. Placing reliance on the decision in the case reported in AIR 1999 SC 1416 (M. Paul Anthony Vs. Bharat Gold Mines Ltd. and Another), this Court observe that departmental proceeding may proceed against the petitioner, but no final order will be passed till disposal of the criminal proceeding which is pending before the learned Special Judge (CBI), Bhubaneswar. Learned Special Judge (CBI), Bhubaneswar is directed to take appropriate step for disposal of the proceeding in accordance with law as early as possible, preferably within a period of 1 (one) year hence. 6. The Writ Petition stands disposed of accordingly. (Biraja Prasanna Satapathy) Judge Basudev