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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.MURALIDHAR, CJ, G.SATAPATHY
State of Odisha – Appellant
Versus
Joseph Barik – Respondent
| Table of Content |
|---|
| 1. pending criminal cases affect promotional rights. (Para 1 , 2 , 4) |
| 2. court's authority on promotion during pending cases. (Para 3 , 7 , 8 , 11 , 13) |
| 3. equitable solutions proposed for respondents' promotions. (Para 5 , 6) |
| 4. no entitlement to promotions during proceedings. (Para 9 , 10 , 12) |
| 5. final ruling on promotions; appeals allowed. (Para 14) |
ORDER :
2. One other common factor that requires to be noticed is that except in W.A. No.596 of 2023 where the impugned order under challenge was passed by the learned Single Judge after completion of pleadings in the writ petition, in all the other appeals the impugned order under challenge was passed by the learned Single Judge on the very first date of hearing of the writ petition without an opportunity to the State of Odisha to file its reply.
4. There is no dispute in that the criminal case involving the Respondents in the present appeals is still pending before the Court of the Special Judge (Vigilance) at various stages. In some cases, even a charge sheet is yet to be filed and in other charges may or may not have been framed; in certain other cases, trial is in progress.
6. However, it is pointed out by Mr. Khuntia,
Promotions to government servants cannot be granted during the pendency of criminal proceedings against them, as established by Office Memoranda and Supreme Court rulings.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
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 court upheld the Corporation's promotion policy, which prohibits promotions during the pendency of criminal proceedings against an employee.
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.
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.
An employee acquitted of charges is entitled to consideration for promotion from the date of eligibility, despite prior disciplinary proceedings, upholding the principle of just treatment in administ....
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.
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