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2021 Supreme(Ori) 429

B.R.SARANGI
Damodar Das – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Miss Saswati Mohapatra, Advocate, M/s. S.K. Das-2 and A.K. Jena, Advocates for the Appellant; Mr. D.K. Sahoo, Standing Counsel for East Coast Railway, for the Respondent.

JUDGMENT

Dr. B.R. Sarangi, J. - Both the above noted writ petitions have been filed by Damodar Das. In W.P.(C) No.22946 of 2015 he sought the following reliefs:

    '(i) Hold/declare that the opp. party No.3, Enquiry officer is conducting the Departmental Enquiry No.323 against the petitioner being preconceived and predetermined and thereby direct the opp. Party No.2 to change the Enquiry officer for fair enquiry;

    (ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bonafide interest of justice;'

Whereas W.P.(C) No.16373 of 2015 has been filed by him seeking following reliefs:

    '(i) To quash the letter dtd.30.07.2015 under Annexure-14;

    (ii) Hold/declare that continuation of Departmental Proceeding against the present petitioner during pendency of the criminal case instituted against the petitioner for the self same incident is bad, illegal and cannot be sustainable and/or maintainable in the eye of law.'

Since both the writ petitions have been filed by the selfsame petitioner and they have arisen out of the same occurrence, they have been heard together and are disposed of by this common judgment which will govern in both the cases.

2. The factual matrix o

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