Back
IN THE HIGH COURT OF ORISSA : CUTTACK
SANJU PANDA & SUJIT NARAYAN PRASAD, JJ.
State of Odisha – Petitioner
Versus
Manmohan Rath and others – Opposite Parties
W.P.(C) No.1186 of 2014
Decided On : 09-01-2017
Concurrence - Promotion Dispute - Administrative Tribunal Act,1985, Section 17 - The court discussed the power of the State Administrative Tribunal to deal with contempt cases and the authority to punish for willful and deliberate disobedience. The court also highlighted the provision of the Contempt of Courts Act,1971 and its application to the Tribunal. The judgment emphasized the Tribunal's jurisdiction to punish non-compliance with its orders and the legal framework for dealing with contempt cases.
Fact of the Case:
The applicant sought retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch, citing adverse remarks and departmental proceedings. Despite subsequent expungement of adverse remarks and dropping of the departmental proceeding, the Odisha Public Service Commission did not concur with the recommendation for retrospective promotion. The applicant filed multiple original applications and a contempt petition alleging non-compliance with the Tribunal's order.
Finding of the Court:
The court found that the rejection of the applicant's claim for retrospective promotion was not in line with the Tribunal's order. It held that the authorities willfully and deliberately did not comply with the order, leading to contempt proceedings. The court emphasized the Tribunal's power to deal with contempt cases and the need for compliance with its orders.
Issues: The issues revolved around the applicant's claim for retrospective promotion, non-concurrence by the Odisha Public Service Commission, and the subsequent contempt proceedings for alleged non-compliance with the Tribunal's order.
Ratio Decidendi: The court emphasized the Tribunal's jurisdiction to punish for willful and deliberate disobedience, highlighting the legal framework under the Administrative Tribunal Act,1985, Section 17, and the Contempt of Courts Act,1971. It stressed the need for compliance with the Tribunal's orders and the consequences of willful non-compliance.
Final Decision: The writ petition was dismissed, and the court declined to interfere with the orders, emphasizing the importance of compliance with the Tribunal's orders and the unwarranted nature of interference with the impugned orders.
JUDGMENT :
S.N. Prasad, J.
This writ petition has been filed by the State Government making the following prayers:
(i) To quash the order dated 10.5.2011 passed by the Odisha Administrative Tribunal, Bhubaneswar in O.A.No.1456 of 2008;
(ii) to quash C.P.No.9 of 2013 in which the Tribunal is proceeding against the State Government and its functionaries in the contempt proceeding for non-compliance of the order passed in O.A.No.1456 of 2008.
2. Brief facts of the case is that the applicant before the Tribunal, opposite party no.1 herein, filed an application before the Tribunal being O.A.No.1456 of 2008 for grant of retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch. His grievance before the Tribunal was that he joined as Orissa Administrative Service-II in 1974 batch but his name was not recommended for promotion under Orissa Administrative Service-I, Senior Branch cadre on account of the pendency of the departmental proceeding and for adverse remarks for 98 days for the year 1992-93 while his juniors were promoted to the rank of Orissa Administrative Service-I, Senior Branch on 26.10.1994. Subsequently, adverse remarks was expunged on 31.10.1994 and also departmental proceeding was dropped on 23.8.1995 hence his case was considered by the selection board on 6.10.1995, was promoted to the Orissa Administrative Service-I, Senior Branch on 23.9.1995 in which he was regularized vide order dated 29.9.1998 being concurrence given by the Orissa Public Service Commission. The opposite party no.1 made a representation for retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch with effect from the date from which his juniors had been promoted but the same was rejected by the government which compelled him to move the Tribunal by filing two original applications being O.A.No.82 of 2001 and O.A.No.91 of 2001. The competent authority has constituted a review departmental promotion committee, meeting of which was held on 24.9.1995 recommending his case for promotion with retrospective effect from 26.10.1994 to the rank of Orissa Administrative Service-I, Senior Branch subject to concurrence of the Orissa Public Service Commission and as such the original applications filed by the opposite party no.1 had been withdrawn being not pressed. Opposite party no.1 had not been granted retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch due to non-concurrence of the Orissa Public Service Commission, as a result of which he again moved the Tribunal by filing another original application being O.A.No.1445 of 2006 and the Tribunal has disposed of the original application vide order dated 16.11.2006 with a direction to the competent authority to treat the original application as the representation of the applicant and to dispose of the same by a speaking order within four weeks from the date of communication of the same. Accordingly representation of the opposite partyno.1 was rejected on 30.12.2006 by the order of the Special Secretary, General Administrative Departmental on the ground that the Orissa Public Service Commission did not concur the promotion with retrospective effect, being aggrieved with the rejection order dated 30.12.2006 the opposite party no.1 had filed another original application being O.A.No.68 of 2007 and while disposing of the original application vide order dated 20.9.2007 quashed the order of rejection dated 30.12.2006, remanded the matter before the competent authority to take into consideration the entire material along with recommendation of the review departmental promotion committee and pass necessary order. The competent authority has again passed an order dated 25.1.2008 rejected the claim of the opposite party no.1 on the same ground on which order dated 30.12.2006 was passed, opposite party no.1 again approached the Tribunal by filing original application being O.A.No.1456 of 2008, Tribunal has disposed of the original appli
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
