Supreme Court - Daily Orders
Superintendent Of Police, Kandhamal vs Indrapati Behera on 29 July, 2024
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
1
ITEM NO.22 COURT NO.5 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL)……………………….. Diary No. 28168/2024
(Arising out of impugned final judgment and order dated 29-11-2023
in WA No. 2729/2023 passed by the High Court Of Orissa At Cuttack)
SUPERINTENDENT OF POLICE, KANDHAMAL & ANR. Petitioner(s)
VERSUS
INDRAPATI BEHERA Respondent(s)
(IA No.155931/2024-CONDONATION OF DELAY IN FILING and IA
No.155930/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )
Date : 29-07-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. Arjun Garg, AOR
Mr. Aakash Nandolia, Adv.
Ms. Sagun Srivastava, Adv.
Ms. Kriti Gupta, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
2. Heard Mr. Arjun Garg, learned counsel appearing for the petitioners.
3. The counsel submits that the respondent in his column ‘7’ and ‘8’ in the verification had suppressed Signature Not Verified the fact that a criminal case was pending against Digitally signed by SNEHA DAS Date: 2024.08.03 12:43:25 IST Reason: him. It is for this reason, the respondent who was appointed as a driver in the home department, was discharged from service on 28.03.2014 when the 2 suppression was revealed in the verification process. Thereafter, although the respondent was acquitted on the benefit of doubt in the criminal case, the Single Judge should not have interfered with the order of discharge.
5. The State’s writ appeal challenging the learned Single Judge’s order was not entertained by the Division Bench on the ground of delay in filing of the said writ appeal.
6. Issue notice, returnable in four weeks.
7. Dasti service, in addition, is permitted.
(SNEHA DAS) (KAMLESH RAWAT) SENIOR PRSONAL ASSISTANT ASSISTANT REGISTRAR