• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
HC Quashes Bribery Case Against Odisha IAS Officer Over Procedural Lapses

HC Quashes Bribery Case Against Odisha IAS Officer Over Procedural Lapses

2 months ago
Odisha: Two Dead, One Still Missing After Teens Sweep Away In Brahmani River

Odisha: Two Dead, One Still Missing After Teens Sweep Away In Brahmani River

7 minutes ago
Khan Sir Receives Interim Protection From Arrest

Khan Sir Receives Interim Protection From Arrest

45 minutes ago
From Governance To Welfare: Odisha CM Majhi Hails PM Modi’s ’12 Years Of Seva’

From Governance To Welfare: Odisha CM Majhi Hails PM Modi’s ’12 Years Of Seva’

56 minutes ago
Additional tehsildar suspended in Odisha

3 Odisha Engineers Suspended Over ‘Misconduct & Dereliction Of Duty’ In Bargarh Irrigation Project

1 hour ago
India Mounts Blistering UN Attack On Pakistan Over Afghan Strikes And Disinformation

India Mounts Blistering UN Attack On Pakistan Over Afghan Strikes And Disinformation

1 hour ago
Chased Into Bus Terminal: 3 Young Women, Including Minor, Rescued From ‘Trafficking Bid’ In Bhubaneswar

Chased Into Bus Terminal: 3 Young Women, Including Minor, Rescued From ‘Trafficking Bid’ In Bhubaneswar

2 hours ago
Latest Odisha Breaking News Updates | Tuesday, 09 June 2026

Latest Odisha Breaking News Updates | Tuesday, 09 June 2026

2 hours ago
Odisha Bets Big On Hospitality: Rs 1.5K Cr Scheme To Ready 5500 Acres For Investors

Odisha Bets Big On Hospitality: Rs 1.5K Cr Scheme To Ready 5500 Acres For Investors

2 hours ago
Indian Diaspora Groups Welcome Court Ruling Striking Down USD 100,000 H1B Visa Fee

Indian Diaspora Groups Welcome Court Ruling Striking Down USD 100,000 H1B Visa Fee

2 hours ago
Trump Booed At Madison Square Garden As Tight Security Surrounds NBA Finals Visit

Trump Booed At Madison Square Garden As Tight Security Surrounds NBA Finals Visit

4 hours ago
India Among Top 5 Military Spenders; Possesses About 190 Nuclear Warheads: SIPRI

India Among Top 5 Military Spenders; Possesses About 190 Nuclear Warheads: SIPRI

5 hours ago
Indian Workers Among Seven Killed In Dubai After Minibus Collides With Stationary Truck

Indian Workers Among Seven Killed In Dubai After Minibus Collides With Stationary Truck

6 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Tuesday, June 9, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home City Bhubaneswar

HC Quashes Bribery Case Against Odisha IAS Officer Over Procedural Lapses

by OB Bureau
April 21, 2026
in Bhubaneswar, City, Cuttack
Reading Time: 2 mins read
HC Quashes Bribery Case Against Odisha IAS Officer Over Procedural Lapses
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

Cuttack: The Orissa High Court has quashed a three-year-old vigilance case against senior IAS officer Bijay Ketan Upadhyaya, citing serious procedural lapses in the sanction for prosecution under the Prevention of Corruption Act.

The court held that the flawed process undermined the very foundation of the case, rendering the prosecution legally vulnerable.

ADVERTISEMENT

Upadhyaya, a 2009-batch IAS officer currently serving as Secretary of the Odia Language, Literature and Culture Department, had been facing charges following allegations dating back to late 2019. He was accused of demanding and accepting illegal gratification of Rs 1 lakh to clear bills of an empanelled supplier while posted as Director of Horticulture. Odisha Vigilance sleuths allegedly caught him red-handed on December 30, 2019, leading to his arrest and subsequent suspension. He was later reinstated in 2020

A single-judge bench of Justice Sanjeeb Kumar Panigrahi, while delivering judgement on April 17, set aside the January 16, 2023 order of the Special Judge, Vigilance, Bhubaneswar, which had taken cognizance of offences charged against him under Sections 7 and 12 of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.

In a detailed 41-page order, Justice Panigrahi emphasized the mandatory requirement of prior valid sanction under Section 19 of the PC Act for prosecuting public servants. The petitioner argued that the sanctioning authority was not provided with key exculpatory material, including a crucial recording from December 24, 2019, which vitiated the sanction order.

“Cognizance against a public servant under the PC Act is not a matter of mere form, but is conditioned upon the existence of a valid sanction granted upon due consideration by the competent authority. If essential material was in fact not placed before that authority, the defect cannot be dismissed as a mere technical lapse,” Justice Panigrahi observed.

He added that such an omission “strikes at the fairness of the decision-making process underlying the sanction itself and, consequently, at the legal foundation on which cognizance has been taken,” describing it as a “serious procedural infirmity.”

Justice Panigrahi also highlighted the prolonged delays in the case, noting that despite cognizance being taken over two years earlier, charges had not yet been framed. He referred to this as part of a broader “slow violence of pendency” in vigilance prosecutions, where delays at investigation, charge sheet, cognizance, and framing stages cause undue reputational and personal harm to the accused. “A vigilance prosecution, by its very nature, carries a burden far heavier than the ordinary weight of a criminal case,” he noted, warning that such delays risk turning proceedings into punishment without trial.

Quashing the cognizance order and all subsequent proceedings, the court ruled that the defects went to the “foundational legality of the prosecution.” However, it clarified that the competent authority remains free to reconsider and grant fresh sanction after examining all relevant materials in accordance with law. “While the scope of interference… is undoubtedly narrow, … where the material placed by the accused is of such unimpeachable character that it completely undermines the factual foundation of the prosecution, the Court would be justified in exercising its power to prevent abuse of process and to secure the ends of justice,” he said, justifying the intervention.

Share196Tweet123
ADVERTISEMENT
Previous Post

13 Killed, Dozens Injured, Many Missing In Blast At Thrissur Fireworks Unit

Next Post

Odisha Introduces WhatsApp-Based Summer Learning Programme For Students Up To Class VIII

OB Bureau

OB Bureau

Related Posts

Chased Into Bus Terminal: 3 Young Women, Including Minor, Rescued From ‘Trafficking Bid’ In Bhubaneswar

Chased Into Bus Terminal: 3 Young Women, Including Minor, Rescued From ‘Trafficking Bid’ In Bhubaneswar

by OB Bureau
June 9, 2026

Bhubaneswar: Security guards at Babasaheb Bhimrao Ambedkar Bus Terminal (BSABT) at Baramunda in Odisha capital foiled a suspected trafficking and...

Odisha Police Bust Gambling Den In Rourkela; Rs 28L Cash, Gold Ornaments Seized

Odisha Police Bust Gambling Den In Rourkela; Rs 28L Cash, Gold Ornaments Seized

by OB Bureau
June 8, 2026

Rourkela: In a major success in the fight against organised crime, Rourkela Police have busted an inter-state gambling den operating...

Blood Donation Campaign Launched At Berhampur’s MKCG Amid Shortage

Blood Donation Campaign Launched At Berhampur’s MKCG Amid Shortage

by OB Bureau
June 8, 2026

Berhampur: Amid acute shortage of blood units, MKCG Medical College and Hospital in Berhampur on Monday launched a four-day voluntary...

Six Houses Of Drug Peddlers Demolished In Rourkela

Six Houses Of Drug Peddlers Demolished In Rourkela

by OB Bureau
June 8, 2026

Rourkela: Intensifying the drive against illegal narcotics network, police on Monday demolished houses of six drug peddlers in Odisha’s steel...

Next Post
Mrunal Thakur Compared To Madhubala By ‘Kalki’ Director, Urged Not To Do ‘Random Stuff’

Mrunal Thakur Compared To Madhubala By 'Kalki' Director, Urged Not To Do 'Random Stuff'

SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media