Raj Kumar Chhotray vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 81

IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Raj Kumar Chhotray – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner:Ms. S. Biswal, Advocate
For the Opposite Party : Mr. P.K. Parhi, DSGI along with Mr. D. Harichandan, CGC

Table of Content
1. introduction of the case and the orders being challenged. (Para 1 , 2 , 3)
2. arguments regarding overlapping charges and acquittal impacts. (Para 4)
3. counter-arguments on disciplinary authority’s discretion. (Para 5)
4. judicial analysis on acquittal and disciplinary proceedings. (Para 6)
5. disposal of the writ petition. (Para 7)

ORDER :

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

3. The present Writ Petition has been filed inter alia challenging the order of punishment passed by the Disciplinary Authority-O.P. No.3 vide order dated 20.09.2021 under Annexure-2, order dated 20.11.2021 so passed by the Appellate Authority-O.P. No.4 under Annexure-5 and order dated 11.11.2022 so passed by the Revisional Authority-O.P. No.5 under Annexure-7.

4.1. It is contended that in the Criminal Proceeding so pending before the learned JMFC(R), Rourkela in G.R. Case No.6 of 2020, petitioner was acquitted vide judgment dated 12.01.2021 under Annexure-8. It is contended that since on self-same charges, petitioner faced both the proceedings and he has been acquitted in the Criminal proceeding vide judgment dated 12.01.2021 under Annexure-8 and the same

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