ORDER

Order No. 03

1. This matter is taken up through hybrid mode.

2. Pursuant to order dtd.26.03.2026, Mr. Sangram Das, learned Standing Counsel (Vigilance) produced the instruction so provided by the Superintendent of Police, Vigilance, Cuttack Division, Cuttack. The same be kept in record.

3. Basing on the instruction Mr. Sangram Das, learned Standing Counsel contended that no such vigilance case has been initiated against the petitioner in Cuttack Vigilance P.S. Case No. 04 of 2002 as reflected in Annexure-3. In fact, Cuttack Vigilance File No. 04 of 2002 was initiated pertaining to certain allegations and no such P.S. Case has yet been registered.

4. It is also contended that after creation of such vigilance file in File No. 04 of 2002, request was made by the concerned authority to take departmental action against the Petitioner vide letter dtd.25.09.2025.

5. Heard learned counsel appearing for the Parties.

6. The present writ petition has been filed inter alia with the following prayer:-

“Under the above facts and circumstances it is humbly prayed that your Lordship’s would graciously be pleased to issue notice to the Ops and after perusal of the relevant records may kindly direct the OP No.2-4 to release the pension in favor of the petitioner by quashing the letter dated: 13.06.2022 vide Annexure-2 passed by Superintendent of Police Vigilance, Cuttack, and subsequent letters passed by the Director Medical Education and Training Odisha, Bhubaneswar dtd:24.08.2022 vide Annexure-3 and the letter dtd:23.07.2025 passed by the OP No.3 Dean & Principal, S.C.B Medical College & Hospital, vide Annexure-6 which has been passed illegally in order to harass the petitioner in releasing all financial benefits such as, pension, Gratuity, unutilized leave, and other benefits after his retirement in favor of the petitioner for no fault of the petitioner,

As it is the violation of Principle of Natural Justices and destined to be futile exercise as per Judgment reported in Sarat Chandra Dash vrs- State of Odisha (vigilance).reported 2025(II) ILR-Cut- 1002.

And further pass an order directing the O.P. No-2 & 5 to sanction pension in favor the petitioner by considering the fact that the similar situated persons have been enlarged their benefits after their retirement within a stipulated period.

And/or pass such other order or orders as the Hon’ble Court deems just and proper.

And for this act of kindness the petitioner shall as in duty bound every pray.”

7. It is contended that though no vigilance proceeding is pending against the Petitioner and only as contended by the learned Standing Counsel a vigilance file has been opened, but in view of Annexure-2 communication, Petitioner is not getting his retiral benefits.

7.1. Learned counsel appearing for the Petitioner accordingly contended that since no vigilance proceeding is pending against the Petitioner as per the instruction provided by the learned Standing Counsel (Vigilance), Opp. Parties be directed to release the pensionary benefits of the Petitioner as due and admissible.

8. Leaned Addl. Standing Counsel however contended that since a file has been opened against the Petitioner vide Vigilance File No. 04/2002 and direction was issued to initiate departmental action against the Petitioner, because of such eventuality, Petitioner has not been released with the pensionary benefits.

9. Having heard learned counsel appearing for the Parties, considering the submission made and since it is not disputed that no vigilance case is pending against the Petitioner, basing on opening of a vigilance file in File No. 04/2002, retiral benefits of the Petitioner cannot be withheld. Therefore, this Court while disposing the writ petition, directs Opp. Party No. 3 to release the retiral benefits of the Petitioner as due and admissible as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order.

10. The writ petition accordingly stands disposed of.