Duryodhan Naik vs State of Odisha - 2025 Supreme(Ori) 71

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 71

IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Duryodhan Naik – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Petitioner:Mr. A.K. Das, Advocate
For the Opposite Party : Mr. A. Tripathy, AGA

ORDER :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia challenging order dated 24.12.2024 so passed by O.P. No.3 under Annexure-7. Vide the said order, claim of the petitioner for his reinstatement by setting aside the order of discharge passed on 21.03.2007 was rejected.

4. It is contended that petitioner because of his implication in Cuttack Vigilance P.S. Case No.34 dated 18.09.2006, was discharged from his services vide order dated 21.03.2007. However, in the said Vigilance Proceeding, petitioner was acquitted vide judgment dated 18.09.2023 in VGR No.34 of 2006 under Annexure-2.

4.1. It is contended that on his acquittal in the Vigilance proceeding, petitioner when moved O.P. No.3 with a prayer to reinstate him in his service by quashing the order of discharge passed by the Commandant on 21.03.2007, the same was rejected vide the impugned order under dated 24.12.2024 Annexure-7.

4.2. It is contended that since the Vigilance proceeding for which the petitioner was discharged from his services on 21.03.2007, ended in acquittal vid