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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 :
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.
3. On the very same day, when the writ petition was taken up on 27.02.2023, learned Single Judge has granted the relief sought for by the respondent by the impugned order with a direction to the Director General and Inspector General of Police to grant promotion to the respondent to the rank of Inspector of Police from the date his juniors and batchmates were granted such promotion. The learned Single Judge, in the impugned order, has however observed that the promotion so granted shall be subject to final outcome in the criminal proceeding and that such promotion shall not confer equity in the event he loses in the criminal case.
5. However, we are inclined to interfere with the impugned order on the sole ground that the impugned order was passed on the very firs
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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