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2026 DAILYLAW 494 (ORI)

SUNIL KUMAR v. UNION OF INDIA

WP(C)/5591/2026 · 2026-02-19

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5591 of 2026 Sunil Kumar …. Petitioner Mr. S.K. Ojha, Adv. -versus- Union of India & Others …. Opp. Parties Mr. P.K. Parhi, DSGI CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 19.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel 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. 144 dtd.03.02.2026 under Annexure- 3 involving the Petitioner but with the condition that no final order will be passed till finalization of the TTG GRPS No.10 of 2026 correlates to G.R. Case No.18 of 2026 pending in the court of learned JMFC, Kantabanji. This Court also permit the Opp. Parties p. 2 p. 2 to move the court involving G.R. Case No.18/2026 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 Jyoti