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2022 Supreme(Ori) 703

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Malay Kumar Pradhan – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.K. Biswal, Advocate
For the Opp. Parties : Mr. B.P. Tripathy, AGA

Table of Content
1. promotion eligibility of the petitioner (Para 2 , 3 , 4 , 5)
2. impact of pending vigilance case on promotion (Para 6 , 7 , 8)
3. judicial review of criminal proceedings duration (Para 9 , 10 , 11 , 12)
4. pendency of vigilance case and promotion rights (Para 14 , 15 , 20 , 21 , 22)
5. delay in criminal trial affecting employment rights (Para 24 , 25 , 26)
6. court directive for promotion amid pending criminal trial (Para 28 , 29)

ORDER :

A.K.MOHAPATRA, J.

1. Heard Mr. A.K. Biswal, learned counsel appearing for the Petitioner and B.P. Tripathy, learned Additional Government Advocate appearing for the State-Opposite Parties.

2. This writ petition has been filed by the Petitioner seeking a direction to the Opposite Parties to promote him to the rank of Joint Director of Factories and Boilers Level-II in terms of the DPC recommendation dated 20.08.2019 on the ground that he is the senior most suitable candidate available for the post, irrespective of pendency of vigilance proceeding against him for last twelve years and further prayer for grant of all consequential service and financial benefits in the light of the law laid down by this Court vide order dated 7.7.2021 in W.P

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