IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15134 of 2022

Birendra Kumar Behera

….

Petitioner

Mr. S.K. Mishra, Advocate

-versus-

State of Odisha and others

….

Opposite Parties

Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA

Order No.

ORDER

21.06.2022

I.A. No.8074 of 2022

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual

/Physical Mode).

2.

An oral prayer is being made by Mr. S.K. Mishra, learned

counsel for the petitioner that he does not want to press the I.A. of

the petitioner. Accordingly, the I.A. is dismissed as not pressed.

( A.K. Mohapatra )

Judge

W.P.(C) No.15134 of 2022

02.

3.

Heard learned counsel for the petitioner as well as learned

counsel for the State. Perused the record.

4.

The present writ petition has been filed by the petitioner with the

following prayers:

“It is therefore, most humbly prayed that this Hon’ble

Court be graciously pleased to:

// 2 //

i)

Admit the writ application

ii)

Call for record.

iii)

Quash the final order of punishment/Award

dtd.28.01.2022 under Annexure-9 issued by the

Opposite Paprty No.3 in Bhadrak Dist. Prog.

No.dtd.19.07.2021 drawn up against the petitioner

basing upon enquiry report under Annexure-4.

iv)

Direct the opposite parties to consider his promotion

to the post of ASI to S.I. of Police vide Notification

No.D-02-2022/9409/Board dtd. 10.03.2022 under

Annexure-11.

v)

Direct the Opp. Party No.2 to dispose of the Appeal

dtd.30.03.2022

under

Annexure-11

within

a

stipulated period.

vi)

And/or

pass

such

other

order/orders,

direction/directions as this Hon’ble Court may

deems fit and proper for the ends of justice.”

4.

It is submitted by learned counsel for the petitioner that as

against the order of punishment for the departmental proceeding, the

petitioner preferred departmental appeal, which is stated to be pending

before the departmental appellate authority. He further submits that

during the pendency of the appeal, the selection for promotion from

ASI to S.I. of Police has been advertised. Because of the pendency of

the aforesaid proceeding before the appellate authority the petitioner

apprehends that the case of the petitioner might not be considered by

the departmental authority for promotion.

5.

Learned counsel for the State, on the other hand, submits that the

apprehension of the petitioner is baseless as the principle of law is well

settled, the present petitioner is facing departmental proceeding and the

proceeding against attains finality. The authority had adopted a sealed

covered providing for consideration of promotion of a Government

servant. He further submits that such sealed cover providing adopt that

because of the petitioner has filed an appeal which is pending before the

appellate authority. The disciplinary proceeding has not attains finality

// 3 //

till date. It cannot be said that the proceeding attains finality till disposal

of the appeal.

6.

Considering the submissions advanced by the respective parties,

this Court disposes of the writ petition with a direction to the Opposite

Party No.2 expedite the hearing of the departmental proceeding is

pending before him and shall make every endeavour to conclude the

same within a period of two months from today. It is further directed

that while considering the appeal, the appellate authority-Opposite

Party No.2 shall take into consideration of the materials relied upon by

the petitioner including the enquiry report. Any decision so taken, the

same shall be communicated to the petitioner within a period of two

weeks thereafter.

8.

With the aforesaid observation and direction, the writ petition

stands disposed of.

Urgent certified copy of this order be granted on proper

ap