An employee completely exonerated from a disciplinary proceeding is entitled to the salary and benefits of the higher post from the date on which he would have normally been promoted but for the disciplinary proceedings.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The petitioner has filed the present application seeking a direction to the opposite party authorities to grant him promotion with retrospective effect from the date he was recommended for promotion by the Central Selection Board, 2008.

2. The brief facts of the case are that the petitioner was initially appointed as a Constable in the year 1980. He was promoted to the post of Asst. Sub-Inspector of Police in the year 1996. While working as such under the IIC of Chauliaganj Police Station, Cuttack, the petitioner availed leave for 20 days w.e.f. 30.04.2008 by submitting necessary application. However, because of his illness, the petitioner could not join in his duty after expiry of the period of leave as he was admitted to the City Hospital on 04.07.2008 and discharged on 15.07.2008 after undergoing surgery. The petitioner claims to have intimated this fact to the authorities by submitting applications on 23.05.2008 and 30.06.2008. Despite such intimation, the petitioner was placed under suspension w.e.f. 30.06.2008. On 01.07.2008, the petitioner submitted a medical certificate of the doctor under whom he was undergoing treatment. While the matter stood thus, a disciplinary proceeding was initiated against the petitioner by the DCP, Cuttack vide Proceeding No. 4 of 2008 as per the order dated 18.07.2008. The charge was served on him asking him to submit preliminary explanation by 10.08.2008 pointing out that he had availed 20 days earned leave w.e.f. 23.05.2008 but had remained unauthorizedly absent after expiry of the same. The petitioner submitted his preliminary explanation on 10.09.2008 and thereafter, on 20.09.2008 he also submitted his representation to the DCP, Cuttack with prayer to accept his joining report and to revoke the order of suspension enclosing therewith a fitness certificate. In the meantime, as per memo dated 27.09.2008 issued by the DIG of Police (Admn.) the Asst. Sub-Inspectors of Police were deputed to undergo S.I. course of training for a period of four months from 03.11.2008 at Biju Pattnaik State Police Academy (BPSPA), Bhubaneswar. The petitioner was also selected after due medical checkup but his name was not sponsored. As such, the petitioner approached the erstwhile Odisha Administrative Tribunal in O.A. No. 2444 (C) of 2008. By order dated 13.10.2008, the learned Tribunal directed the opposite party no. 2 to take note of the fact that the training for Sub-Inspectors of Police for which the petitioner had been selected is due to commence from 03.11.2008 and if the disciplinary proceeding is not completed by then, the petitioner should be given an opportunity of joining the training course. The aforesaid order of the Tribunal has been enclosed as Annexure-9 to the writ application. However, despite such specific direction, the disciplinary proceeding was not concluded by the stipulated date, as a result of which the petitioner was deprived of his legitimate promotion. On 30.10.2008, the opposite party no. 2 passed an order pursuant to the direction of the learned Tribunal mentioning that the petitioner’s case was placed before the Central Selection Board held on 11th, 12th and15th September, 2008 for consideration of his case for promotion to the rank of S.I., but after scrutinizing his service records, the recommendation in his respect was kept in a sealed cover as per G.A. Department Circular dated 18.02.1994, since the departmental proceeding was pending. Accordingly, the petitioner’s prayer for undergoing training was rejected. Subsequently, on 02.01.2010, the second Central Selection Board was also held but the case of the petitioner was not considered. In the meantime, the Disciplinary Proceeding No. 4 of 2008 was dropped and the petitioner was exonerated from the charge. Since the case of the petitioner was not considered for promotion with retrospective effect, he approached the learned Tribunal in O.A. No. 1181 (C) of 2010 seeking appropriate relief. Learn