PRADEEP KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is working as a Constable LNK/218 under the D.I.B., Baripada assails the notice under Annexure-9 dated 22.9.2010 directing him to attend the departmental proceeding bearing No.MBJ district Prog.No. 15/10 on 30.09.2010 at Headquarter, Baripada and further seeks for a direction to stay the departmental proceeding till disposal of Baripada Town P.S. Case No.182 of 2010 arising out of G.R. Case No. 668 of 2010 pending in the court of the learned S.D.J.M., Baripada vide Annexure-7.

(2.) The brief fact of the case in hand is that the petitioner, who was discharging his duty as Constable bearing LNK 218 while working in Reserve Office at Baripada, Mayurbhanj was involved in a case under Sections 498-A/506, IPC read with Section 4 of the D.P. Act and Section 3 of S.C. and S.T. (P.A.) Act basing on the report of one Pana Singh Constable bearing No. 1194 in connection with Baripada Town P.S. Case No. 182 dated 8.7.2010. The matter was investigated into and in course of investigation, there was prima facie case made out against the petitioner and accordingly, charge was framed against him to stand his trial in the court of law. Since the petitioner was involved in a criminal case, departmental proceeding has been initiated against him for serious charges of criminal misconduct, moral turpitude involvement in criminal case and violation of Govt. Servants conduct rules. Accordingly, charge-sheet was submitted followed by initiation of a departmental proceeding against him and on that basis the petitioner has been noticed vide Annexure-9 to participate in the inquiry, which is the subject matter of challenged in the present writ petition.

(3.) Mr. S.P. Mishra, learned Senior Counsel appearing for the petitioner referring to Misc. Case No. 18437 of 2013 states that the judgment passed in G.R. Case No. 668 of 2010 in Trial Case No. 33 of 2011 dated 26.3.2012, the petitioner has been acquitted by the learned Addl. District Judge-cum-Special Judge, Baripada on the allegation under Sections 498-A/406/506 read with Section 4 of the D.P. Act and Section 3 (1) (x) of S.C. and S.T. (P.A.) Act. It is stated that the petitioner having been acquitted and having not found guilty of the offence alleged, the departmental proceeding initiated on the selfsame charge pursuant to which the notice was issued under Annexure-9 should be dropped.