IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 12050 of 2026 Dr. Debashis Mohapatra …. Petitioner Mr. N. Biswal, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. P.K. Sahoo, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 24.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “It is, therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ application, issue notice to the Opp. Parties, call for the relevant records and after hearing the counsel for the parties may pass the following orders/directions; i) To quash the impugn Memorandum of charges dated- 09.12.2019 under Annexure-2 as well as the impugned 2nd show cause dated 06.11.2024 under Annexure-10 as per the law laid down by the Hon'ble Supreme court in the case of "Ram Lal-Vrs- State of Rajasthan and Ors" reported in AIR 2024 SC 637 as well as in the case of "Maharana Pratap Singh Vs. The State of Bihar and Others" reported in 2025(4) SLR 915 (SC) on the ground that the alleged Vigilance proceeding initiated on the self- same charges bearing VGR No-25 of 2016 (Corresponding to Balasore Vigilance P.S Case No-50 of p. 2 p. 2 2016) has been closed by the Learned Special Judge (Vigilance), Balasore Vide its order dated-09.10.2024 as "Insufficient Evidence" by the accepted the F.F No- 20 dated-21.08.2023 under Annexure-8 & 9 respectively. ii) To declare the entire disciplinary proceedings initiated vide memorandum dated-09.12.2019 under Annexure-2 as vitiated. To direct the Opposite parties to extend all the service/consequential as well as promotional benefits to the petitioner within the time framed by this Hon'ble Court. And/or pass such other further order/orders as this Hon'ble Court deems just, equitable and proper in the facts and circumstances of the present case; And for this act of kindness, the Petitioner shall as r shall as in duty bound ever pray.” 4. It is contended that the disciplinary proceeding vide Memorandum dtd.09.12.2019 under Annexure-2 was initiated with similar charges as was the charge in the vigilance proceeding in Balasore Vigilance P.S. Case No.50 of 2016 corresponding to V.G.R. Case No.25 of 2016 in the file of learned Special Judge (Vigilance), Jaleswar. 4.1. It is however contended that Petitioner was not found guilty in the said vigilance proceeding as the Department failed to file the final report in that regard. Accordingly, the matter was closed by the learned Special Judge, Vigilance vide order dtd.09.10.2024 under Annexure-8. p. 3 p. 3 4.2. It is contended that even though the vigilance proceeding was dropped because of the non- submission of the final form vide order dtd.09.10.2024, but on the face of such fate of the vigilance proceeding, Petitioner was issued with the 2nd show cause, by proposing the punishment of withholding of one increment without cumulative effect. 4.3. It is contended that even though Petitioner has already filed a reply to the 2nd show-cause since 27.11.2024 under Annexure-11, but the proceeding is yet to be disposed of. 4.4. It is accordingly contended that Opposite Party No.1 who is the disciplinary authority be directed to dispose of the proceeding taking into account the show cause issued under Annexure-10 and the reply filed by the Petitioner under Annexure-11 within a stipulated time period. 5. Learned Addl. Standing Counsel has no serious objection to the course of action proposed. 6. Having heard learned counsel appearing for the Parties considering the submissions made and since it is found that in the Departmental proceeding, Petitioner has been issued with the 2nd show cause with the proposed punishment of withholding of one increment without cumulative effect on 06.11.2024 under Annexure-10 and Petitioner has already filed his p. 4 p. 4 reply on 27.11.2024 under Annexure-11, this Court while disposing the Writ Petition, directs Opposite Party No.1 to dispose of the proceeding taking into account the show cause issued under Annexure-10 and the reply filed under Annexure-11, as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of this order. 6.1. 6.1. However, if the proceeding is not disposed with the aforesaid time period, the proceeding will be treated as dropped. Petitioner is directed to provide a certified copy of this order before Opposite Party No.1 for compliance on or before 30.04.2026. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat