IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Tankadhar Nag – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. L.K. Mohanty, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging order dtd.25.10.2025 so issued by Opp. Party No. 1 under Annexure-12. Vide the said order claim of the Petitioner for withdrawal/cancellation of the order of punishment imposed against the Petitioner in the disciplinary proceeding vide office order dtd.09.12.2021 under Annexure-7 was rejected.
4. Learned counsel appearing for the Petitioner contended that challenging the self-same order passed in the disciplinary proceeding on 09.12.2021 under Annexure-7, Petitioner was before this Court in W.P.(C) No. 16258 of 2022. This Court taking into consideration the fact that in the criminal proceeding so initiated on self-same charges, Petitioner since has been acquitted, the disciplinary authority was directed to take a fresh decision with regard to the punishment imposed vide the impugned order dtd.09.12.2021 under Annexure-7. Such an order was passed by this Court, placing reliance on the
Acquittal in criminal proceedings on charges identical to those in disciplinary actions necessitates a re-evaluation of the disciplinary decision to avoid injustice.
Disciplinary penalties cannot stand where an employee has been acquitted in criminal proceedings on identical charges, preserving justice and fairness in administrative actions.
Acquittal in criminal proceedings may necessitate reconsideration of disciplinary appeals when charges are the same, prioritizing justice over procedural delays.
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.
Acquittal in criminal proceedings can necessitate reconsideration of disciplinary action when charges are identical.
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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