IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11045 of 2022

In the matter of an application under Article 226 &

227 of the Constitution of India, 1950.

………………

Sumanta Kumar Jena Petitioner

….

-versus-

State of Odisha & Others …. Opposite Parties

For Petitioner: M/s. Dr. J.K. Lenka &

P.K. Behera, Adv.

For Opp. Parties: M/s. P.K. Panda

Addl.Standing Counsel

PRESENT:

THE HONBLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY

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Date of Hearing: 18.11.2025 and Date of Judgment: 18.11.2025

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Biraja Prasanna Satapathy, J

1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel appearing for the parties.

3. The present Writ Petition has been filed inter alia with the following prayer:

The petitioner, therefore, most humbly prays that your Lordship would be graciously pleased to quash the punishment order dt.23.3.2019 at Annexure-11, appellate order dt.3.11.2020 at Annexure-13 and Revisional order at Annexure-15 and further be pleased to direct the Opp. parties to extend all benefits, as due to admissible by treating the suspension period as duty with all consequential and financial benefits, And pass any other order/orders, direction/directions as deem fit and proper in the facts and circumstances of the case;

And for which act of kindness, the petitioner as in duty bound shall ever pray.

4. It is contended that while continuing in service, Petitioner was implicated in G.R. Case No.358 of 2015 in the file of learned S.D.J.M., Kendrapara. Because of such implication in the Criminal case for the offence under Sections 498(A)/294/323/307/506/34 of the I.P.C r/w Section 4 of the D.P. Act, the Departmental Proceeding was initiated against him vide Kendrapara District Proceeding No.15 of 2015 under Annexure-5. 4.1. The charge framed in the said proceeding reads as follows:

CHARGE Ref: Kendrapara district Proceeding No. 15 2015 C/413 Sumanta Kumar Jena (Now under suspension) of Kendrapara district is charged with gross misconduct in that While he was posted to Chaudakulat OP, he was granted 3 days C1 by IIC Pattamundai PS and availed the same wef 16.03.15 PM to 19.03.15 PM. He was due to join his duty on 20.03.15 AM. But he overstayed the leave without any intimation to the authority. On 22.03.15 one Babaji Charan Nayak, S/o: Late Madhusudan Nayak of village Balisingh, PS Patkura, Dist: Kendrapara presented a written report alleging there in that his niece Subhadra Nayak, Dio: Pradeep Kumar Nayak has got married to C/413 Sumanta Kumar Jena. On the same day C/413 Sumanata Kumar Jena and his brother in law jointly assaulted his wife Subhadra Nayak and when she was in unconscious condition then they brought her on a motor cycle and threw her near the G.P. Office near an Osta tree. In this connection Patkura PS Case No.55 dt.22.03.15 U/s498(A)/294/323/307/506/34 IPC /4 DP Act has been registered and the accused C/413 Sumanta Kumar Jena had been arrested and forwarded to the Court of the SDJM, Kendrapara on 23.03.15 for his involvement. Such type of act is clearly indicates his gross misconduct.

He is directed to show cause within 30 days of receipt of the charge as to why suitable departmental action should not be initiated against him in the event of charge being proved against him.

Any representation he may wish to offer in this regard will be duly considered by the authority competent to pass final orders in this regard.

4.2. Learned counsel appearing for the Petitioner contended that in the Criminal Proceeding so initiated in G.R. Case No.358 of 2015 corresponding to S.T. Case No.20/181-2017, Petitioner was acquitted of all the charges vide judgment dt.04.03.2017 of the learned C.J.M-cum-Asst. Sessions Judge, Kendrapara under Annexure-4. View expressed by the trial Court in para-7 of the judgment reads as follows:

7. This being the sum total of the prosecution evidence, on a careful perusal it is found t