LAWS(ORI)-2008-12-62

PRASANNA KUMAR RATHA Vs. DISTRICT JUDGE

Decided On December 05, 2008
Prasanna Kumar Ratha Appellant
V/S
DISTRICT JUDGE Respondents

JUDGEMENT

(1.) THIS Writ Petition has been filed for quashing the Order Dated 3.7.2008 (Annex -5) passed by the Enquiry Officer rejecting the application for stay of departmental proceedings till disposal of criminal case.

(2.) THE facts and circumstances giving rise to the case are that the Petitioner, who is a process server in the Court of S.D.J.M., Chhatrapur had been served a charge sheet dated 2 9.9.2007 by the District Judge, Ganjam -Gajapati, Berhampur containing four charges. Charge No. 1 is that Petitioner appeared before Sri Bijaya Kumar Patra, Sheristadar in -charge of the Court of the Civil Judge (Sr. Division), Chatrapur at about 5.30 P.M. on 13.7.2007 in a state of intoxication and abused him in filthy language, caught hold his neck, mishandled with him and torned his shirt as a result Bijaya Kumar Patra fell down. Petitioner intimidated Shri Patra and threatened to kill him when he would go outside.

(3.) CHARGE No. III related to the fact that the Petitioner remained absent without submitting leave applications.