IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1794 of 2026 B. Maheswar Pattnaik …. Petitioner Mr. N. Biswal, Advocate -versus-

State of Odisha & Ors. …. Opposite Parties Mr. A. Tripathy, AGA CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

17.02.2026 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

“It is, therefore, prayed that this Hon’ble Court may graciously be pleased to issue notice, call for the records and after hearing the parties, issue appropriate writ by way of giving necessary directions;

i) To quash the observation made in the order issued vides Rayagada D.O No-1799 dated-27.07.2025 by the Opposite party No-4 under Annexure-10.

ii) To direct the opposite party No-1 to 4 to re-consider the case of the petitioner for his promotion to the post of Sub- Inspector of Police from the date of his juniors got such promotion i.e 05.06.2022 as per the CSB-2022 held on 19/20.05.2022 with all service and consequential benefits considering the fact that the alleged disciplinary proceeding bearing Rayagada District Proceeding No-3/2011 has been quashed by this Hon’ble Court vide its order dated- 21.09.2022 in WPC (OAC) No-2657 of 2013 under Annexure- 3 and the Writ Appeal No-852 of 2023 filed by the State Opposite parties has been dismissed on 03.11.2023 under Annexure-4.

iii) To direct the Opposite parties to grant all service and consequential benefits to the petitioner within a time framed by this Hon’ble Court.

And to pass such other order/directions as deemed fit and proper.

And for this act of kindness, the petitioner shall as in duty bound ever pray.”.

4. It is contended that even though the proceeding initiated against the Petitioner vide Rayagada District Proceeding No.3/2011 has already been quashed by this Court in its order dtd.21.09.2022 in WPC(OAC) No.2657 of 2013 under Annexure-3, further confirmed vide order dtd.03.11.2023 in W.A No.852 of 2023 under Annexure-4, but on the ground that the said proceeding is pending against the Petitioner, Petitioner’s claim to get the benefit of promotion was not considered and rejected vide the impugned order dtd.27.07.2025 under Annexure-10 of Opposite Party No.4.

4.1. It is contended that since the proceeding in question has already been quashed by this Court in its order under Annexure-3, confirmed vide order under Annexure-4, the ground on which Petitioner has been held ineligible to get the benefit of promotion vide the impugned order dtd.27.07.2025 under Annexure-10 is not sustainable in the eye of law.

4.2. It is accordingly contended that while quashing order dtd.27.07.2025 under Annexure-10, necessary direction be issued to Opposite Party No.4 to extend the benefit of promotion in favour of the Petitioner from the date his juniors got the said benefit vide order dtd.26.05.2022 under Annexure-6.

5. Even though this Court vide order dtd.22.01.2026, directed Addl. Govt. Advocate to obtain instruction from Opposite Party No.4, but no instruction is forth coming.

6. Having heard learned counsel appearing for the Parties, considering the submissions made and the fact that the proceeding in question has already been quashed by this Court in its order under Annexure-3 and it has been affirmed by the writ appellate court vide order under Annexure-4, on the ground of pendency of the said proceeding, Petitioner could not have been held ineligible to get the benefit of promotion, so issued vide the impugned order dtd.27.07.2025 of Opposite Party No.4 under Annexure-10.

6.1. Therefore, this Court while quashing the order dtd.27.07.2025 under Annexure-10 directs Opposite Party No.4 to consider the claim of the Petitioner to get the benefit of promotion from the date his juniors have got the same by conducting a review DPC of the DPC dtd.19/20.05.2022 and extend the benefit if the Petitioner is held otherwise eligible to