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2022 Supreme(Ori) 470

SASHIKANTA MISHRA
Mitra Mohapatra – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
M/s. Saswati Mohapatra, & P. Mangaraj, Advocates, for the Appellant; Mr. B.P. Tripathy, Addl. Govt. Advocate, for the Respondent

JUDGMENT

Sashikanta Mishra, J. - The short point that arises for consideration in the present writ application is, can an employee be denied promotion on the ground of pendency of a criminal proceeding?

2. Bereft of unnecessary details, the facts of the case are that the petitioner was appointed as a Lecturer in History on 01.11.1988 by the Management of Balasore Mahila College (+3 wing) and was subsequently transferred and posted at Soro Women's College, Soro. On 14.11.2015 the Principal-cum-Secretary of Balasore Mahila College submitted the CCRs of 3 Lecturers, including that of the petitioner to the Director, Higher Education, Odisha for consideration of their cases for placement in Lecturer Grade A and State Scale under the Placement Rule, 2014. The Director, after scrutiny, published a report of the colleges of whom CCRs of employees, other documents etc. were not furnished. The name of Balasore Mahila College was mentioned in the said list but the petitioner's name was not indicated. On enquiry, the petitioner came to know that the higher scale had not been granted to her because of pendency of a Vigilance case against her. Further, the opposite party No.3, who is junior to the

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