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2016 Supreme(Ori) 687

I.MAHANTY, BISWAJIT MOHANTY
State of Odisha – Appellant
Versus
Somnath Sahoo – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Sahoo.
For the Opposite Parties : M/s. Saumendra Ku. Mohapatra, D. Nayak, S.S. Mohapatra, M/s. B.P. Mohapatra, Ramesh Sahoo, Mrs. S. Pradhan and Ms. Gayatri Das.

JUDGMENT :

BISWAJIT MOHANTY, J.

1. The State of Odisha and its officers have filed the present writ application praying for quashing of the order dated 20.7.2015 passed by the learned Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 839 of 2014, whereby the learned Tribunal had directed to open the sealed cover in respect of promotion of opposite party no. 1 to the rank of Deputy Executive Engineer and Executive Engineer from the date his junior was promoted, if he was otherwise found suitable for such promotion and if there was no other legal impediment. While passing the impugned order dated 20.7.2015, the learned Tribunal had made it clear that the promotion given to the opposite party no. 1 shall only be ad hoc, subject to final result of vigilance case/departmental proceeding pending against him and petitioner no. 1 is at liberty to pass appropriate order as per rules after conclusion of the said vigilance case/departmental proceeding.

2. The case of the petitioners is that the learned Tribunal had illegally given the above direction notwithstanding pendency of Vigilance P.S. Case No. 8 of 2007 and Vigilance P.S. Case No. 8 of 2008 against him and so also pendency of disci










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