IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24044 of 2025 Sovagini Dipa …. Petitioner Mr. L. Mohanty, Advocate -Versus- State of Orissa and others …. Opposite Parties Mr. U.C. Behura, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 01. ORDER 03.09.2025 The essential grievance of the petitioner is against the parallel proceedings namely one in disciplinary enquiry and other in criminal case in respect of alleged fraudulently secured H.S.C. certificate. 2. Learned counsel for the petitioner heavily banking upon Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., AIR 1999 SC 1416 submits that when same set of facts are involved in a disciplinary enquiry and the criminal case, at least the disciplinary enquiry has to be stayed so that his defense would not be prejudiced in the criminal case. Learned AGA appearing for the OPs vehemently resists the petition saying that it is not a thumb rule that in all cases where parallel proceedings are slated, one of them should be stayed. 3. Having heard learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter inasmuch as the vehement submission of learned counsel for the petitioner that the delinquent employee would be prejudiced in the disciplinary enquiry if the same is held, pending criminal case, does not impress this Court. Arguably it can be other way round there may be extreme cases where the ratio decided in Capt. M. Paul Anthony (supra) may be invokable and this is not one such. What prejudice would be caused if the disciplinary proceedings also go on simultaneously with the criminal case, is not demonstrated. Law of the realm or the ratio of the decision cannot be invoked divorcing factual foundation. 4. It was Lord Halsbury, who said in Quinn v. Leathem, [1901] UKHL 2 that a decision is an authority for the proposition that is laid down in a given fact matrix, and not for all that which logically follows from what has been so laid down. In the above circumstances, writ petition being unworthy of merits is liable to be and accordingly dismissed. However, petitioner is permitted to seek copies of documents so that he can put forth effective defense in both the subject proceedings. In this connection, jurisdictional OP No.5 shall cooperate. ( Dixit Krishna Shripad ) Judge Anisha Designation: Junior Stenographer