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2022 Supreme(Ori) 763

IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Laxmidhar Pal – Appellant
Versus
State Pollution Control Board Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. U.K. Samal, Advocate
For the Opposite Party :Mr. G. Rout, A.S.C., Mr. S.K. Padhi, Sr. Advocate

Table of Content
1. factual matrix surrounding the petitioner's case (Para 1 , 2 , 3 , 4)
2. petitioner's arguments regarding departmental proceedings (Para 5 , 6 , 7)
3. counterarguments from the opposite party and the legal clarity (Para 8 , 10 , 11)
4. precedents on continuity of proceedings after retirement (Para 12 , 13 , 14)
5. final ruling quashing the departmental proceedings (Para 15 , 16)

JUDGMENT :

S.K. MISHRA,J.

1. The Petitioner, who was working as Environmental Scientist in the Office of the State Pollution Control Board, Odisha has preferred the present Writ Petition for quashing of the Departmental Proceeding initiated against him vide Memorandum dated 21.07.2012, as at Annexure-1, with an alternate prayer to keep the Departmental Proceeding pending till disposal of the criminal case.

2. The factual matrix of the case at hand is that one Sri Deepak Kumar Jena, S/o Sri Basanta Kumar Jena of village: Jamkunda, PS: Baliapal, Dist: Balasore reported in writing to the Balasore Vigilance Police Station alleging therein that the Petitioner while working as Regional Officer, State Pollution Control Board, Balasore Region, allegedly demanded bribe of Rs.5,000/- for issuance of No Obj

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