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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, CHITTARANJAN DASH
Dilip Routrai – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. common judgment for similar writ petitions. (Para 1 , 2 , 3) |
| 2. details of the petitioner’s background and promotions. (Para 4 , 5) |
| 3. petitioners' claims and opposite parties' defense. (Para 6 , 7 , 8 , 9) |
| 4. judicial review and procedural compliance. (Para 10 , 12 , 18) |
| 5. procedure for vacancy resolution and select list. (Para 11 , 21 , 24) |
| 6. concerns over handling vacancies in merit list. (Para 20 , 22 , 23) |
| 7. guidelines for reviewing unfilled vacancies. (Para 26 , 27 , 31) |
| 8. court's directives for the review selection committee. (Para 32 , 33 , 34) |
Judgment :
Chittaranjan Dash, J.
1. The subject matter in issue challenged in both the above referred writ petitions being similar and heard analogously on the consent of the parties are disposed of by this common judgment.
2. Mr. Mathews, represents the Petitioners in both the writ Petitions. For brevity, while the Petitioner in W.P.(C) No. 16302 of 2022 hereinafter is referred to as “Petitioner No. 1”, the Petitioner in WP(C) No. 16303 of 2022 is referred to as “Petitioner No. 2”. Mr. P. Behera, CGC, representing the Union of India (O.P. No.1), Md. Ziaul Haque representing UPSC (O.P. No.2), and Mr. Rabi Narayan Mishra,
Procedural lapses in promotion processes to the IAS, including failure to resolve provisional inclusions, require judicial review to ensure fairness and compliance with established regulations.
The court upheld the discretion of the Selection Committee in assessing promotion eligibility, emphasizing its independence from prior ACR assessments.
Judicial precedence holds that past penalties cannot affect promotion eligibility once their effects have lapsed, ensuring fair assessment for candidates.
Exclusion of an officer from a promotion list due to pending vigilance cases is lawful under regulatory provisions, and subsequent acquittals do not retroactively influence prior decisions made by pr....
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