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2023 Supreme(Ori) 183

SIBO SANKAR MISHRA
Akshaya Kumar Mohanty – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr. B. K. Mahapatra, Advocate, for the Appellant; Mr. A. K. Nanda, Additional Government Advocate, for the Respondent.

JUDGMENT

Sibo Sankar Mishra, J.

The Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India inter alia seeking writ against the Opposite Parties to give promotion to him to the rank of Superintendent Engineer along with all consequential service benefits. The Petitioner is facing a criminal prosecution initiated in the year 2011, therefore, although DPC has recommended his case for promotion but sealed cover procedure has been adopted owing to the pendency of the criminal prosecution against him. There is no disciplinary proceeding initiated by the department against him. 2. The said Writ Petition indeed was heard at length on 17.11.2021. The Coordinate Bench of this Court after hearing both parties was pleased to allow the Writ Petition. Relevant is to reproduce the order dated 17.11.2021 passed by learned Single Judge :-

    '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 rank of Superintendent Engineer in lieu of the order passed in W.P.(C) No.12359 of 2016 and delay in proceeding as T.R. Case No.19/11 within a stipulated time.

    4. Moot qu

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