In a major relief for senior IPS officer Prakash Mishra, the Orissa High Court today held that the graft case against him should not be an impediment to the top police officer to hold any central government assignment.
The court also extended the interim protection it had granted to Mishra on October 13 for an indefinite period, thereby restraining the Odisha government from taking any coercive action against the 1977-batch officer, who is now working as special secretary (internal security) in Union Home Ministry.
"It is clarified that the pendency of the present criminal proceeding shall not be a bar for considering the case of the petitioner for any other assignment and/or post under the government of India, which shall be subject to the result of the writ petition," the court said.
It also adjourned the hearing of the writ petition by Mishra to November 17 when the vigilance counsel sought two weeks' more to submit the counter-affidavit and the case diary.
Mishra in his writ had urged the court to stay the investigation and quashing of the FIR registered against him by the Bhubaneswar vigilance PS.
The State Vigilance Directorate last month had slapped the graft case against Mishra for allegedly showing undue favour to some steel and cement suppliers during his tenure as CMD of Odisha State Police Housing and Welfare Corporation in 2006-09.
The FIR alleged that Mishra had illegally usurped financial power of the Corporation and made 100 per cent advances to the suppliers to the tune of Rs 57.86 crore violating the Odisha PWD Code.
The FIR also went on to accuse Mishra stating that his act had incurred a financial loss of Rs 7.27 crore to the state exchequer as the same amount remained un-reconciled till date.
