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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
State of Odisha – Appellant
Versus
Satyaranjan Mishra – Respondent
| Table of Content |
|---|
| 1. promotion conditional on the outcome of vigilance case. (Para 1 , 3 , 4 , 5 , 6) |
| 2. (Para 7 , 8 , 9 , 10 , 11) |
| 3. pendency of criminal case affects promotion timelines. (Para 15 , 16 , 17) |
| 4. court's directive on promotion with conditions. (Para 18 , 19 , 20 , 21) |
| 5. final disposal of the writ appeal. (Para 22) |
JUDGMENT :
1. Appellants in this Intra-Court Appeal seek to assail the order dated 09.08.2021 passed by this Court in W.P.(C) No.22844 of 2021.
3. The Respondent is serving as Junior Engineer under Panchayati Raj Department of Government of Odisha. While the Petitioner/ Respondent was serving as a Junior Engineer, Sadar Block, Cuttack, Bhubaneswar (Vigilance) P.S. Case No.45 of 2012 dated 30.06.20212 was registered against him on the allegation of possession of disproportionate asset. The said proceeding is pending in the Court of learned Special Judge (Vigilance), Bhubaneswar.
5. On the first date of taking up the matter for consideration, the writ petition was disposed of directing the Principal Secretary to Government of Odisha in the Panchayati Raj Department, Bhubaneswar to give promotion to the Respondent to the rank of Assistant Engineer (Civil), [presentl
Promotion should not be denied to public servants based solely on the pendency of criminal proceedings, especially when there are no disciplinary actions in place.
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
Indefinite withholding of promotion due to pending vigilance proceedings is unjust, and employees have a right to timely consideration for promotion, even when criminal proceedings are ongoing.
A court must ensure due process is followed under High Court Rules before granting relief in writ petitions, particularly when disciplinary or criminal proceedings are pending against the applicant.
The pendency of criminal proceedings should not necessarily bar adhoc promotion, subject to the final outcome of the vigilance case.
Promotion cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
The pendency of preliminary investigation without submission of charge-sheet cannot be a ground to deny promotion to an employee who is found otherwise suitable for the same.
Promotion cannot be withheld on mere pendency of an inquiry; formal charges must be issued. Denying rights based on unresolved issues is arbitrary and illegal.
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