JUDGMENT

A. K. PATNAIK, J. — The petitioner is the Additional General Secretary of State Non-Gazetted Officers Coordination Committee, Orissa. He has stated in the writ petition that he is a public spirited citizen who has fought against corruption, nepotism, mis-managements and favoritism in the past and he has filed number of Pubic Interest Litigations against financial corruptions committed by the bureaucrats. He has further stated in the writ petition that Dr. Hrushikesh Panda, I.A.S. is a dutiful, honest and competent officer with integrity and he has submitted various enquiry reports on allegations of corruption and mis-management. He has given illustrations of the manner in which Dr. Hrushikesh Panda has discharged his duties of different offices impartially and honestly. He has stated that Dr. Hrushikesh Panda is presently working as C.M.D. of IDCOL and having noticed various irregularities, corruption and mis-management, he has initiated action against about 32 employees of IDCOL. He has further stated that he was astonished to see reports in the newspaper on 30.3.2003 that the Orissa Legislative Assembly has resolved on 29.3.2003 to suspend Dr. Hrushikesh Panda and that the Speaker has directed the State Government to suspend Dr. Panda for his mis-behaviour with the Minister of State (S.C. & S.T.) and Shri Saharai Oram, Member of Legislative Assembly from Champua Constituency on 15.3.2003 at the Kalinga Iron Works Guest House at Barbil. The petitioner has also stated that the newspaper reports further reveal that notice for privilege motion was given and discussions on the allegations against Dr. Hrushikesh Panda were held on the floor of the Assem¬bly from zero hours to 9 P.M. on 29.3.2003. A copy of the newspaper reports in the daily ‘The Samaj’ dated 30.3.2003 has been annexed to the writ petition as Annexure-3. He has further stated in the writ petition that on 29.3.2003 Dr. Hrushikesh Panda on coming to learn about enquiry against him from the Television immediately proceeded on leave from 31.3.2003 in order to facili¬tate an independent enquiry and that in his leave application he has denied the allegations of misbehaviour by him and request¬ed the Chief Secretary for his transfer out of IDCOL. Shocked was astonished with the resolution adopted by the Orissa Legislative Assembly on 29.3.2003, the petitioner sent an open letter dated 31.3.2003 to the Chief Minister raising various questions, but the State Government without considering the false allegations made against Dr.Hrushikesh Panda illegally conceded and succumbed to the resolution adopted by the House and by order dated 31.3.2003 placed Dr.Hrushikesh Panda under suspension with imme¬diate effect in contemplation of disciplinary proceedings against him. A copy of the suspension order dated 31.3.2003 has been annexed to the writ petition as Annexure-7. Aggrieved, the peti¬tioner has filed this writ petition with a prayer to quash the said resolution dated 29.3.2003 of the Orissa Legislative Assem¬bly adopted to initiate a Privilege Proceeding against Dr.Hrushi¬kesh Panda and to direct the State Government for his suspension. The petitioner has also prayed for setting aside the order of suspension in Annexure-7 to the writ petition. The petitioner has made a further prayer to the Court to direct the C.B.I. to investi¬gate into the allegations and take appropriate legal action against the culprits.

2. When the writ petition was moved by Mr M.S. Panda, learned counsel for the petitioner on 25.4.2003, the Court ad¬journed the matter to 30.4.2003 for hearing from Mr Panda, learned counsel for the petitioner at length on the locus standi of the petitioner and the maintainability of the writ petition. When the case was listed on 30.4.2003, Mr. M.S. Panda, learned counsel for the petitioner, Mr. Mahadev Mishra, learned counsel for the Secretary, Orissa Legislative Assembly-opp.party No.1 and Mr Sovesh Roy, learned Advocate General, for the State of Orissa were h