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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Nelson Bada – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of disciplinary actions. (Para 3 , 4) |
| 2. court directs reconsideration of the appeal. (Para 5 , 6) |
| 3. writ petition disposed of. (Para 7) |
Judgment :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. G.R. Sethi, learned counsel appearing for the Petitioner and Mr. M.R. Mohanty, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the following prayer:-
“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;
i. To quash the order dtd.20.11.2015 under Annexure -4.
ii. To quash the order dtd.7.5.2025 under Annexure-7.
iii. To direct the Opposite Parties to grant all financial and consequential service benefits to the petitioner.
And pass such other order/orders as may be deemed fit and proper for the interest of justice.
And for this act of kindness, the petitioner as in duty bound shall ever pray.”
4. It is contended that in the disciplinary proceeding initiated vide Sambalpur District Proceeding No. 11 of 2014 dtd.10.07.
Acquittal in criminal proceedings may necessitate reconsideration of disciplinary appeals when charges are the same, prioritizing justice over procedural delays.
Acquittal in criminal proceedings on charges identical to those in disciplinary actions necessitates a re-evaluation of the disciplinary decision to avoid injustice.
An acquittal in criminal proceedings warrants reconsideration of disciplinary punishments based on identical charges, as failing to do so is deemed unjust.
Acquittal in criminal proceedings affects related disciplinary actions on identical charges; failing to recognize this may result in unjust penalties.
An acquittal in criminal proceedings following a dismissal from service due to conviction can justify reinstatement if the related charges substantially overlap, ensuring fairness in judicial review.
Disciplinary penalties cannot stand where an employee has been acquitted in criminal proceedings on identical charges, preserving justice and fairness in administrative actions.
A clean acquittal in a criminal case can lead to quashing of disciplinary actions based on identical charges, emphasizing justice and fairness in administrative proceedings.
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