Basanta Kumar Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11616 of 2022 Basanta Kumar Behera ....
Petitioner Mr. P.K.Mohapatra, Advocate -versusState of Odisha and others ....
Opp.Parties Mr.K.K.Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
13.05.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.
3.
The Petitioner has filed this application seeking direction to the Opposite Parties to give him promotion to the post of Assistant Engineer from 22.12.2016 i.e. the date from which his immediate juniors got such promotions, and to grant him all consequential service and financial benefits including further promotion within a stipulated time.
4.
Moot question involves if a promotion of employee can be withheld for indefinite period on the premises of pendency of vigilance proceedings over a period of decades.
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This Court considering such situation has already settled the position of law keeping the sealed cover promotion aspect in view of pendency of the Disciplinary Proceeding and/or Vigilance Proceeding for long period becomes bad.
6.
Fact involving the case reveals that there is disciplinary proceeding pending bearing No.2836,5300,272013/RD dated 04.09.2014. However, the proceedings are yet to be disposed of. Pleading also further made clear that Disciplinary Proceedings initiated against the Petitioner are pending. In this background of case an allegation is made that promotion of the Petitioner has been kept in sealed cover only on the premises that departmental proceedings involving the Petitioner are pending since long. For the settled position of law, this Court in disposal of the writ petition observes, Petitioner cannot suffer for the long pendency of the departmental proceedings. It is also not known when the Departmental Proceedings initiated in the year 2014 will come to end.
It is keeping in this view, this Court in disposal of the writ petition directs the Commissioner-cum-Secretary to Government of Odisha, Water Resources Department, Bhubaneswar to give promotion to the Petitioner to the rank of Assistant Engineer from the date of his juniors and batch mates got such promotions. However, the promotions of the Petitioner as per direction of this Court shall be subject to the ultimate outcome in the Departmental Proceeding. Further it is also clarified that the promotions given to the Petitioner to the rank of Assistant Engineer shall not confer equity in the event, he will ultimately lose the Proceeding. Entire exercise shall be completed within four weeks from the date of communication of this direction.
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7.
With the aforesaid observation, the writ petition thus stands disposed of.
8.
Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra, ) Judge