DAYANIDHI LENKA Vs. SECRETARY

JUDGEMENT

(1.) A letter dated 04.04.2011 addressed by one of the learned members of the Bar, Mr. D.N. Lenka to the Hon'ble Chief Justice of this Court, has been treated as writ petition in the nature of Public Interest Litigation. Prayer has been made in that letter to initiate a suo motu proceedings in public interest and to issue notice to the State Government as well as Superintendent of Police, Rourkela for initiating actions against wrong doers. After hearing Mr. Lenka, the petitioner in person, notice was issued on 06.04.2011 to the State Government represented by the Secretary, Department of Home and Superintendent of Police, Rourkela. On 06.04.2011, one Prasant Kumar Muduli, Special Officer, Office of the Advocate General, Orissa appeared in person and filed a letter bearing No.354/Con. dated 05.04.2011 received from the Superintendent of Police, Rourkela along with copies of two F.I.Rs. marked as Annexures-A and B relating to Udit Nagar P.S. Case Nos.23 and 24 dated 03.04.2011 registered against the Inspector-in-charge, Udit Nagar Police Station and also against the J.M.F.C., Panposh. The same were taken on record. Further, it was stated in the aforesaid letter dated 05.04.2011 that the Deputy Superintendent of Police, Rourkela has been entrusted to conduct investigation in both the cases and the Additional Superintendent of Police, Rourkela was directed to supervise both the cases and conduct an inquiry on the spot. The Special Officer, Office of the Advocate General, Orissa was directed to file further status report in the matter by the next date.

(2.) On 08.04.2011, an additional affidavit on behalf of the writ petitioner has been filed serving a copy thereof on learned Government Advocate. Learned Government Advocate produced a letter bearing No. 2520/SS dated 06.04.2011 of the Principal Secretary to the Government, Home Department addressed to the Advocate General, Orissa, Cuttack annexing therein two F.I.Rs. bearing Udit Nagar P.S. Case Nos. 23 and 24 dated 03.04.2011 one against the concerned Judicial Officer and the other against Inspector in-charge, Uditnagar Police Station, who were involved in the alleged incident dated 2nd/3rd of April, 2011.

(3.) Mr. Jayant Das, Learned Senior Advocate on instruction from the Secretary, Orissa High Court Bar Association, wanted to come on record to assist this Court in this matter. He has stated that the alleged incident occurred in the intervening night of 2nd/3rd of April, 2011 at Rourkela will have a very adverse impact on the independence of judiciary and majesty of the Court in relation to the Judicial Officer against whom the F.I.R. is filed. It is further submitted that the Orissa High Court Bar Association wanted to come on record to assist this Court to decide the issue involved in this case effectively and therefore he has requested this Court to permit the Association to be impleaded as a party to the proceedings. He further submitted that, having regard to the alleged incident, the disciplinary authority has kept the Inspector in-charge of Udit Nagar Police Station, Rourkela under suspension, but the demand made by the Orissa Police Officers' Association in their press statement asking the State Government/Disciplinary Authority for revocation of suspension order passed against the concerned I.I.C. is uncalled for, since the said I.I.C. is solely responsible for occurrence of the incident in question. This would amount to interference with the employer's statutory power for placing its officer under suspension and further the matter is sub judice before this Court. Therefore, he submitted that the rule of law must prevail in the State and the demand made by the Orissa Police Officers' Association for revocation of the suspension order is wholly unjustified.