An employee's promotion cannot be withheld indefinitely due to the pendency of a criminal proceeding.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34455 of 2022

Sri Artatran Mallick

….

Petitioner

Mr. T.K. Nayak, Advocate

-versus-

State of Odisha and others

….

Opposite Parties

Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA

Order No.

ORDER

03.01.2023

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual

/Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned

counsel for the State.

3.

The petitioner has filed this application seeking direction to

the opposite parties to give him promotion to the post of OAS (SB)

from 25.05.2018 and OAS (Super Time Scale) from 30.06.2021, the

date from which his immediate juniors got such promotion, and to

grant all consequential service and financial benefits including

further promotion within a stipulated time.

4.

Moot question involves if a promotion of employee can be

withheld for indefinite period on the premises of pendency of

criminal proceeding over a period of decades.

5.

This Court considering such situation has already settled the

position of law keeping the sealed cover promotion aspect in view of

pendency of the Disciplinary Proceeding and/or Vigilance/Criminal

// 2 //

Proceeding for decades becomes bad.

6.

Fact involving the case reveals that there is disciplinary

proceeding against the petitioner and a criminal proceeding pending

in the court of Addl. District and Sessions Judge-cum-Addl. Special

Judge, Cuttack arising out of CID, Crime Branch, Odisha, Cuttack

F.I.R. No.5 dated 4.3.2008. Involving the allegation against the

petitioner, it appears the Criminal Proceeding initiated in the year

2008, but charge-sheet involving the criminal case was submitted in

the year 2012. However the said criminal case is yet to be disposed

of. Pleading also further made clear that Disciplinary Proceeding

initiated against the petitioner has been quashed vide order dated

29.11.2022 passed by this Court in W.P.(C) No.1589 of 2018

(Annexure-7). In this background of case an allegation is made that

promotion of the petitioner taking effect in the year 2018 has been

kept

in

sealed

cover

only

on

the

premises

that

a

criminal/departmental proceeding involving the petitioner is pending

since 2008. For the settled position of law, this Court in disposal of

the writ petition observes, petitioner cannot suffer for the long

pendency of the vigilance proceeding. It is also not known when the

Vigilance Proceeding initiated in the year 2010 will come to end. It

is keeping in this view, this Court in disposal of the writ petition

directs the Secretary to Government, Revenue & Disaster

Management Department-O.P. No.1 to give promotion to the

petitioner to the rank of OAS (SB) and OAS (Super Time Scale)

from the date of his juniors and batchmates got such promotion.

However the promotion of the petitioner as per direction of this

Court shall be subject to the ultimate outcome in the Criminal

Proceeding. Further it is also clarified that the promotion given to the

petitioner to the rank of OAS (SB) and OAS (Super Time Scale)

// 3 //

shall not confer equity in the event, he will ultimately lose the

Criminal Proceeding. Entire exercise shall be completed within four

weeks from the date of communication of this direction. It is also

clarified that upon promotion, petitioner shall also be entitled to all

consequential benefits.

7.

Writ the above observation, the writ petition thus stands

disposed of.

Urgent certified copy of this order be granted on proper

application.

( A.K. Mohapatra )

Judge

Debasis