IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.5290 of 2026 Narasingh Maharana …. Petitioner Mr. P.K. Mahapatra, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. P.P. Behera, ASC Mr. S.K. Patra, Adv. (for O.P. No.4) COROM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 13.03.2026 2. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. Pursuant to order dt.23.02.2026, learned Addl. Standing Standing Counsel produced the instruction so provided by the Department vide letter dt.06.03.2026. The same be kept on record. 4. The present Writ Petition has been filed inter alia with the following prayer: In view of the aforesaid facts and circumstances as narrated above it is prayed that this Hon'ble Court be graciously be pleased to admit the Writ Petition and issue Rule Nisi or any other appropriate Writs against the Opp. parties calling upon the opposite parties to show cause as to why the proceeding initiated under Annexure-1 dated 08.06.2023 shall not be quashed and they shall not be directed to sanction and disburse final pension and gratuity to the petitioner within the period as stipulated by this Hon'ble Court; And, if the Opp. Parties failed to show cause or show insufficient cause, make the said Rule absolute by setting aside the proceeding initiated p. 2 p. 2 under Annexure-1 dated 08.06.2023 directing the Opp. Parties to sanction and disburse final pension and gratuity to the petitioner within the period as stipulated by this Hon'ble Court. And/or issue any other appropriate Writ/Writs,order/orders, direction/directions as deem fit and proper in the fitness of the case. And for which act of your kindness the petitioner shall remain duty bound as ever. 5. It is contended that because of the pendency of the proceeding in question, retiral benefits of the Petitioner has not been released, even though Petitioner has retired since 30.04.2025. 6. Learned Addl. Standing Counsel basing on the instruction contended that Proceeding has now been disposed of vide order dt.23.02.2026 with imposition of the following punishment: “Withholding of 5% of pension for 5(five) years”. It is accordingly contended that since the Proceeding has already been disposed of, Petitioner has got no further cause of action. 7. Taking into account the nature of order passed in the Disciplinary Proceeding, learned counsel appearing for the Petitioner contended that while granting liberty to the Petitioner to challenge order dt.23.02.2026, Opp. party No.1 be directed to release all the retiral benefits of the Petitioner by withholding 5% of the pension for 5(five) years, which shall be subject to final outcome of the Writ Petition that will be filed by the Petitioner. 8. Having heard learned counsel appearing for the parties and considering the submission made and the fact that the proceeding has been disposed of vide order dt.23.02.2026 with imposition of punishment of withholding of 5% of pension for 5(five) years, this Court while disposing the Writ Petitions direct Opp. Parties to release all the retiral benefits as due and p. 3 p. 3 admissible in favour of the Petitioners save and except withholding 5% of the pension for 5(five) years, within a period of 3(three) months from the date of receipt of this order. However, stoppage of 5% of pension for 5(five) years, shall be subject to the final outcome of the Writ Petition to be filed by the Petitioner, if any. 9. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) sangita Judge