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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH CJ, SAVITRI RATHO
State of Odisha, represented through its Principal Secretary to Government of Odisha – Appellant
Versus
Pragnya Pritam Jena, Son of Prasanna Kumar Jena – Respondent
| Table of Content |
|---|
| 1. appeal against promotion order (Para 1 , 2) |
| 2. immediate promotion order granted (Para 3) |
| 3. grounds for contesting the order (Para 4 , 5) |
| 4. setting aside the promotion order (Para 6 , 7) |
JUDGMENT :
Chakradhari Sharan Singh, CJ.
1. The State of Odisha has preferred the present intra-Court appeal putting to challenge an order dated 27.02.2023 passed by a learned Single Judge of this Court in W.P.(C) No.5920 of 2023 filed by the respondent.
2. The respondent was holding the post of Sub-Inspector of Police and had filed the writ petition i.e. W.P.(C) No.5920 of 2023 seeking a direction to the State of Odisha / its officials to grant him promotion to the rank of Inspector of Police from the date the persons junior to him were granted promotion to the said post of Inspector, with seniority and all consequential benefits. The said writ petition was filed on 24.02.2023 and was listed for fresh admission with defects on 27.02.2023 before the learned Single Judge. It is worthwhile mentioning the respondent’s case for promotion to the post of Inspector of Police with effect from a date in the year 2022 was considered and kept in a sealed cover in view of pendency of departmental
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.
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.
Promotions to government servants cannot be granted during the pendency of criminal proceedings against them, as established by Office Memoranda and Supreme Court rulings.
Service Law – Denial of promotion - while every employee has a right to have his case considered for promotion, which is a guarantee flowing from Articles 14 and 16 of the Constitution of India, an e....
Courts may allow modification of orders to correct typographical errors without changing the nature of the case or the order.
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