Ranjan Kumar Behera vs State Of Odisha & Ors. …. Opposite … on 5 March, 2026

    0
    45
    ADVERTISEMENT

    Orissa High Court

    Ranjan Kumar Behera vs State Of Odisha & Ors. …. Opposite … on 5 March, 2026

    Author: Biraja Prasanna Satapathy

    Bench: Biraja Prasanna Satapathy

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                                      W.P.(C) No.18939 of 2024
    
          In the matter of an application under Articles 226 & 227 of the
      Constitution of India.
                                ..................
    
            Ranjan Kumar Behera                          ....               Petitioner
    
                                                     -versus-
    
            State of Odisha & Ors.                       ....              Opposite Parties
    
    
           For Petitioner         :       Ms. B.K. Pattanaik, Advocate
    
    
           For Opp. Parties :             Mr. C.K. Pradhan, AGA
    
    
    PRESENT:
    
       THE HON'BLE JUSTICE BIRAJA PRASANNA SATAPATHY
    
       ---------------------------------------------------------------------------------------
            Date of Hearing: 05.03.2026 and Date of Judgment: 05.03.2026
       ---------------------------------------------------------------------------------------
    
       Biraja Prasanna Satapathy, J.
    

    1. This matter is taken up through hybrid mode.

    2. Heard Ms. B.K. Pattanaik, learned counsel appearing for the

    SPONSORED

    Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate

    appearing for the Opp. Parties.

    // 2 //

    3. The present writ petition has been filed inter alia challenging order

    dtd.29.06.2024 so passed by Opp. Party No. 2 under Annexure-8 and

    the order of discharge issued vide order dt.14.09.2021 under

    Annexure-3.

    4. Learned counsel appearing for the Petitioner contended that

    Petitioner was engaged as a Home Guard, where he joined in the year

    2008. However, while so continuing and because of his implication in

    Olatpur P.S. Case No. 72 dtd.08.07.2021 for the offence under Sec.

    341, 294, 506, 307/34 of IPC, Petitioner was discharged from his duty

    vide order dtd.14.09.2021 under Annexure-3.

    4.1. It is contended that in the said criminal proceeding Petitioner

    when was acquitted vide Judgment dtd.02.02.2022 by the learned

    CJM-cum-Assistant Sessions Judge, Cuttack in S.T. No. 233 of 2021/

    S.T. No. 50 of 2021 arising out of the aforesaid Olatpur P.S. Case No.

    72 of 2021, Petitioner made a grievance before Opp. Party No. 3 with

    a prayer to reengage him as a Home Guard under Annexure-6. As the

    same was not considered, Petitioner moved Opp. Party No. 2 once

    again by making a representation on 19.04.2023 under Annexure-6

    and thereafter approached this Court by filing W.P.(C) No. 11146 of

    2024 challenging the in action in reengaging him as a Home Guard.

    Page 2 of 9

    // 3 //

    4.2. It is contended that this court vide order dtd.07.05.2024 under

    Annexure-7 placing reliance on the decision in the case of Ram Lal

    Vrs. State of Rajasthan and Ors. (Civil Appeal No.7935 of 2023),

    when directed Opp. Party No. 2 to take a decision on the Petitioner’s

    claim for reengagement, the same was rejected vide impugned order

    dtd.29.06.2024 under Annexure-8 inter alia with the following

    finding:-

    “It is well settled in law that acquittal in
    criminal cases do not automatically mean that a
    person is suitable to hold any public post. Besides,
    the standard of proof in a criminal case is beyond
    reasonable doubt, but in administrative decision
    making the standard of evidence is preponderance of
    probability. His past conduct is not suitable for
    consideration of his re-appointment.”

    4.3. Learned counsel appearing for the Petitioner contended that since

    because of his implication in the criminal proceeding, Petitioner was

    discharged without initiation of any proceeding and without issuing

    any show-cause, save and except the statutory notice in terms of the

    Odisha Home Guard Act, 1961, the ground on which the impugned

    order has been passed is not tenable in the eye of law.

    4.4. Hon’ble Apex Court in Para-13, 25 and 30 of the decision in the

    case of Ram Lal has held as follows:-

    Page 3 of 9

    // 4 //

    “13. However, if the charges in the departmental
    enquiry and the criminal court are identical or
    similar, and if the evidence, witnesses and
    circumstances are one and the same, then the matter
    acquires a different dimension. If the court in
    judicial review concludes that the acquittal in the
    criminal proceeding was after full consideration of
    the prosecution evidence and that the prosecution
    miserably failed to prove the charge, the Court in
    judicial review can grant redress in certain
    circumstances. The court will be entitled to exercise
    its discretion and grant relief, if it concludes that
    allowing the findings in the disciplinary proceedings
    to stand will be unjust, unfair and oppressive. Each
    case will turn on its own facts. [See G.M. Tank vs.
    State of Gujarat & Others
    , (2006) 5 SCC 446, State
    Bank of Hyderabad vs. P. Kata Rao
    , (2008) 15 SCC
    657 and S. Samuthiram
    (supra)]

    xxx xxx xxx

    25. Expressions like “benefit of doubt” and
    “honorably acquitted”, used in judgments are not to
    be understood as magic incantations. A court of law
    will not be carried away by the mere use of such
    terminology.

    xxx xxx xxx

    30. In view of the above, we declare that the order of
    termination dated 31.03.2004; the order of the
    Appellate Authority dated 08.10.2004; the orders
    dated 29.03.2008 and 25.06.2008 refusing to
    reconsider and review the penalty respectively, are
    all illegal and untenable.”

    4.5. Similarly, following the decision in the case of Ram Lal Hon’ble

    Apex Court in Para-47 & 50 of the decision in the case of Maharana

    Pratap Singh Vs. The State of Bihar and Others (Civil Appeal

    No.5497 of 2025) has held as follows:-

    Page 4 of 9

    // 5 //

    “47. While an acquittal in a criminal case does not
    automatically entitle the accused to have an order of
    setting aside of his dismissal from public service
    following disciplinary proceedings, it is well-

    established that when the charges, evidence, witnesses,
    and circumstances in both the departmental inquiry
    and the criminal proceedings are identical or
    substantially similar, the situation assumes a different
    context. In such cases, upholding the findings in the
    disciplinary proceedings would be unjust, unfair, and
    oppressive. This is a position settled by the decision
    in G. M. Tank (supra), since reinforced by a decision of
    recent origin in Ram Lal v. State of Rajasthan31.

    xxx xxx xxx

    50. The judgment acquitting the appellant reveals that
    the prosecution “miserably failed to prove its case
    beyond reasonable doubt” as both the informant and
    PW-2 refused to identify the appellant in court. This
    discussion confirms that the appellant’s acquittal was
    based not on mere technicalities. In Ram Lal (supra),
    this Court held that terms like “benefit of doubt” or
    “honourably acquitted” should not be treated as
    formalities. The Court’s duty is to focus on the
    substance of the judgment, rather than the terminology
    used.”

    4.6. It is further contended that since Petitioner has been acquitted in

    the criminal proceeding and no appeal has been filed against such an

    order of acquittal, in view of the decision in the case of Ram Lal so

    followed in Maharana Pratap Singh so cited supra, Petitioner is

    eligible and entitled to get the benefit of reengagement as a Home

    Guard. It is accordingly contended that with quashing of the impugned

    order as well as the impugned order of discharge, appropriate

    direction be issued to Opp. Party Nos. 2 & 3 to reengage the Petitioner

    with passing of an appropriate order within a reasonable time period.

    Page 5 of 9

    // 6 //

    5. Learned Addl. Govt. Advocate on the other hand while supporting

    the impugned order, made his submission basing on the stand taken in

    the counter affidavit so filed. The stand taken in Para 8 & 9 of the

    counter affidavit reads as follows:-

    “8. That in reply to the averments made in Paras-5 & 6
    of the writ petition it is humbly submitted that the
    Petitioner was discharged from Cuttack District Home
    Guards Organization vide District Order No. 35 dtd.
    14.09.2021 (Annexure-3) for his involvement in Olatpur
    P.S
    case No.72 dtd.08.07.2021 u/s 341,294,506,307,34
    IPC was arrested and forwarded to the Judicial custody.
    Prior to his discharge he was issued with one month
    notice vide letter No.251/HGS dtd.22.07.2021
    (Annexure-1) to submit his explanation. He submitted his
    explanation that found unsatisfactory for which he was
    discharge from Home Guard Organization. The learned
    trial court acquitted him from the charges as the
    prosecution miserable fail to prove the charges against
    him. The standard of proof in criminal case is beyond
    reasonable doubt but the administrative decision making
    the standard of evidence is preponderance of probability.
    As such the prayer of the petitioner is not tenable.

    9. That in reply to the averments made in Para7 of the
    writ petition it is humbly submitted that the petitioner
    was discharged from Home Guard Organization Vide
    District Order No.35 dtd. 14.09.2021 ( Annexure-3) for
    his involvement in Olatpur P.S. case No.72
    dtd.08.07.2021 U/s 341,294,506,307,24 IPC for
    committing the offence with the standard of evidence. As
    Page 6 of 9
    // 7 //

    such the prayer of the petitioner for reinstatement in
    service is not tenable.”

    5.1. It is contended that since Petitioner was discharged from his

    service by giving one month notice, even if Petitioner is acquitted in

    the criminal proceeding, he is not eligible to get the benefit of

    reengagement.

    6. Having heard learned counsel appearing for the Parties and

    considering the submission made, this Court finds that Petitioner was

    engaged as a Home Guard in the year 2008 vide Cuttack District

    Order No.03 dtd.03.05.2008. While so continuing and because of his

    implication in Olatpur P.S. Case No. 72 dtd.08.07.2021, Petitioner

    was discharged from his services in terms of Section 8 of the Odisha

    Home Guard Act, 1961 vide order dtd.14.09.2021 under Annexure-3.

    6.1. However, it is found that Petitioner in the criminal case was

    acquitted vide judgment dtd.02.02.2022 under Annexure-4 and the

    said acquittal is not on the ground of benefit of doubt and it is a case

    of clean acquittal. After such acquittal in the criminal proceeding,

    Petitioner made several representations before Opp. Party Nos. 2 & 3,

    with a prayer to reengage him. When the same was not considered, he

    approached this Court by filing W.P.(C) No. 11144 of 2024. This

    Page 7 of 9
    // 8 //

    Court vide order dtd.07.05.2024 under Annexure-7, relying on the

    decision in the case of Ram Lal so cited supra, when directed Opp.

    Party No. 2 to consider his claim, the same has been rejected vide the

    impugned order dtd.29.06.2024 under Annexure-8.

    6.2. Placing reliance on the decision in the case of Ram Lal so

    followed in Maharana Pratap Singh and the fact that Petitioner was

    discharged only because of his implication in the criminal proceeding.

    Since Petitioner has been acquitted vide Judgment dtd.02.02.2022

    under Annexure-4 and no appeal has been filed by the State

    challenging such acquittal, it is the view of this Court that the ground

    on which Petitioner’s claim has been rejected vide the impugned order

    under Annexure-8 is not sustainable in the eye of law.

    6.3. Not only that the notice issued under Annxure-1 though was

    replied to by the Petitioner, but in terms of Annexure-1, and without

    initiating any proceeding, Petitioner was straight away discharged

    from service vide the impugned order dt.14.09.2021 under Annexure-

    3. The ground on which Petitioner’s claim was rejected is not

    sustainable as no proceeding was ever intimated after issuance of

    Annexure-1. Therefore, this Court while quashing order

    dtd.14.09.2021 under Annexure-3 and order dt.29.06.2024 under

    Page 8 of 9
    // 9 //

    Annexure-8, directs Opp. Party No. 3 to pass an order of

    reengagement in favour of the Petitioner within a period of two (2)

    weeks from the date of production of copy of this order.

    7. The writ petition accordingly stands disposed of.

    (BIRAJA PRASANNA SATAPATHY)
    JUDGE
    Orissa High Court, Cuttack
    Dated the 5th March, 2026/Sneha

    Signature Not Verified
    Digitally Signed
    Signed by: SNEHANJALI PARIDA
    Reason: Authentication
    Location: High Court of Orissa, Cuttack
    Date: 07-Mar-2026 10:36:12

    Page 9 of 9



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here