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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Choudhury Satyabrata Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. participants in court proceedings' rights and outcome implications. (Para 2 , 5) |
| 2. cancellation of promotion without justification violates natural justice. (Para 3 , 4) |
| 3. pending vigilance cases influence the legality of promotions. (Para 6) |
| 4. court's authority to quash orders lacking justifications. (Para 8) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. The present writ petition has been filed inter alia challenging Notification dtd.17.05.2022 so issued under Annexure-7 by opp. Party No. 1. In terms of the said order, benefit of promotion extended in favour of the Petitioner vide order dtd.30.04.2022 under Annexure-3 was cancelled without assigning any reason ad without following the principle of natural justice.
4.1. It is also contended that pursuant to the said order Petitioner joined in his promotional post on 06.05.2022 vide Annexure-6 and the same was duly accepted by the concerned authority. However, while so continuing in his promotional post, benefit of order dtd.30.04.2022 under Annexure-3 was cancelled vide impugned notification dtd.17.05.2022 under Annexure-7.
4.3. In support of his aforesaid submission, learned counsel appearing for the
Administrative actions impacting civil rights must adhere to natural justice principles, requiring reasoned orders and opportunities for affected parties to be heard.
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
Exonerated government servants are entitled to notional promotion and financial benefits despite retirement, overriding past disciplinary proceedings.
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
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