Dillip Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17393 of 2022 Dillip Kumar Behera ....

Petitioner -versusState of Orissa & Another ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

19.07.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard learned counsel for the parties.

3.

The petitioner has filed this application seeking direction to the opposite parties to give him promotion to the post of Inspector of Police from 06.06.2022 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 proceeding over a period of decades. 5.

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 decades becomes bad.

6.

Fact involving the case reveals that there is a disciplinary proceeding pending against the petitioner besides the vigilance

// 2 // proceeding pending in the Court of Special Judge, Vigilance, Bhubaneswar in VGR Case No. 52 of 2018 arising out of Bhubaneswar Vigilance P.S. Case No. 47 of 2018. Involving the allegation against the petitioner, it appears the Vigilance Proceeding initiated in the year 2018, but charge-sheet involving the Vigilance case has not been filed till yet. However the said vigilance case is yet to be disposed of. Pleading also further made clear that on the basis of same allegation Disciplinary Proceeding initiated against the petitioner. 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 a vigilance proceeding and departmental proceeding involving the petitioner are pending since 2018.

For the settled position of law, this Court in disposal of the writ petition observes, petitioner cannot suffer for the long pendency of the vigilance proceeding. It is also not known when the Vigilance Proceeding initiated in the year 2018 will come to end. It is keeping in this view, this Court in disposal of the writ petition directs the D.G. & I.G. of Police, Odisha- O.P. No.2 to give promotion to the petitioner to the rank of Inspector of Police from the date of his juniors and batchmates got such promotions. However the promotions of the petitioner as per direction of this Court shall be subject to the ultimate outcome in the Vigilance Proceeding. Further it is also clarified that the promotions given to the petitioner to different ranks shall not confer equity in the event, he will ultimately lose the Vigilance Proceeding.

Entire exercise shall be completed within four weeks from the date of communication of this direction. It is also clarified that upon promotion, petitioner shall also be entitled to all consequential benefits. 7.

With the above observation, the writ petition thus stands disposed of.

(Biraja Prasanna Satapathy) Judge Subrat