• 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

6 months ago
Delhi Crackdown: Priyanka Gandhi Says India Being Run As ‘Dictatorship’ By Modi And Shah

Delhi Crackdown: Priyanka Gandhi Says India Being Run As ‘Dictatorship’ By Modi And Shah

42 minutes ago
newborn dead

Denied Hearse Service In Odisha’s Koraput, Parents Mortgage Ration Card To Bring Dead Newborn Back Home

10 hours ago
Odisha guv Hari Babu Kambhampati at Maa Samaleswari Temple

Odisha Governor & First Lady Offer Prayers At Maa Samaleswari Temple On Mahalaya

11 hours ago
Mass detention amid CJP protest

UN Raises Concern After More Than 4,000 Detained Amid CJP’s Anti-CEC Protest In Delhi

11 hours ago
When Nana Patekar Came To Shah Rukh Khan’s Rescue During His Jail Ordeal

When Nana Patekar Came To Shah Rukh Khan’s Rescue During His Jail Ordeal

12 hours ago
Supreme Court

Supreme Court’s Special Sunday Sitting To Hear Contempt Plea On Delhi Protest Curbs

12 hours ago
Faisal Shaikh Aka Faisu Announces Wedding, Shares Dreamy Pictures

Faisal Shaikh Aka Faisu Announces Wedding, Shares Dreamy Pictures

12 hours ago
Koraput jail warder found dead

Absent From Duty For A Fortnight, Jail Warder Found Dead At His Home In Odisha’s Koraput

12 hours ago
Opposition Won’t Back Down; Will Continue Protests: Rahul Gandhi

Opposition Won’t Back Down; Will Continue Protests: Rahul Gandhi

13 hours ago
Actor Imran Khan Detained In Mumbai Amid CJP Protest, Shares Picture From Police Van

Actor Imran Khan Detained In Mumbai Amid CJP Protest, Shares Picture From Police Van

13 hours ago
Mental Health session by JSW mining division

JSW Steel’s Odisha Mining Division Organises Mental Health Awareness Session

13 hours ago
Kareena Kapoor’s ‘World Champion’ Joke About Saif Ali Khan To Lando Norris Amuses Fans

Kareena Kapoor’s ‘World Champion’ Joke About Saif Ali Khan To Lando Norris Amuses Fans

13 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Sunday, October 11, 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

Odisha Schoolteacher Held For Molesting Minor Student

Odisha Schoolteacher Held For Molesting Minor Student

by OB Bureau
October 10, 2026

Baleshwar: A schoolteacher was taken into custody for allegedly molesting a Class V girl student in Chandipur area of Odisha’s...

2 Killed In Bus-Bike Collision Near Odisha’s Salepur

2 Killed In Bus-Bike Collision Near Odisha’s Salepur

by OB Bureau
October 10, 2026

Kataka: In a tragic mishap, two persons were killed after a passenger bus dashed against their bike in Salepur area...

Former Odisha CM Janaki Ballabh Patnaik’s Statue Unveiled In Kataka

Former Odisha CM Janaki Ballabh Patnaik’s Statue Unveiled In Kataka

by OB Bureau
October 10, 2026

Kataka: A statue of former Odisha Chief Minister Janaki Ballabh Patnaik was unveiled at Daya Ashram Park in Tulasipu area...

BMC Sets 7-Day Deadline For Road Repair & Power Fixes In Bhubaneswar Ahead Of Durga Puja

BMC Sets 7-Day Deadline For Road Repair & Power Fixes In Bhubaneswar Ahead Of Durga Puja

by OB Bureau
October 9, 2026

Bhubaneswar: With Durga Puja fast approaching, the Bhubaneswar Municipal Corporation (BMC) has directed its officials to complete repair of damaged...

Next Post
whatsapp accounts under review

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

TPWODL-Sep TPWODL-Sep TPWODL-Sep
OMC-Ad OMC-Ad OMC-Ad
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