IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) NO.3835 of 2026 Hemanta Kumar Behera …. Petitioner Mr. S.K.Rath, Adv. -versus- Union of India & Ors. …. Opposite Parties Mr. P.K. Parhi, DSGI COROM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 06.02.2026 1. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. Considering the submission that during pendency of criminal proceeding, filing of defence by the petitioner in the disciplinary proceeding will jeopardize the prospect of the delinquent-petitioner involving the criminal case, this Court finds support of the submission of learned counsel has also the support of decision of the Hon’ble apex Court reported in AIR 1999 SC 1416, decided taking supporting of the old decision of the Hon’ble apex Court reported in AIR 1965 SC 155. This Court accordingly while disposing of the writ petition, permits the continuance of the Departmental Proceeding No. 6968 dtd.20.12.2025 under Annexure-8 involving the Petitioner but with the condition that no final order will be passed till finalization of the Criminal Case vide G.R. Case No.1032/2025 pending in the court of learned JMFC(P) Kujanaga, District- Jagatsinghpur. This Court also permit the Opp. Parties to move the court involving GR Case No.1032/ 2025 for its early disposal. 4. With the aforesaid observation and direction, the writ Petition stands disposed of. 5. Issue urgent certified copy as per Rules. (Biraja Prasanna Satapathy) Judge subrat