IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 24021 of 2021

Ajit Kumar Behera

.....

Petitioner

Mr. S.K. Das, Advocate

-Versus-

Sate of Odisha & Others

…..

Opposite Parties

State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

17.08.2021

Order No.

01

This matter is taken up through video conferencing.

Heard learned counsel for the parties.

The petitioner has filed this application seeking direction to the

opposite parties to give him promotion to the post of Deputy Executive

Engineer from 26.06.2019 and Executive Engineer from 06.08.2021, i.e.

the date from which his immediate juniors got such promotions, and to

grant all consequential service and financial benefits including further

promotion within a stipulated time.

Moot question involves if a promotion of employee can be

withheld for indefinite period on the premises of pendency of vigilance

proceeding over a period of decades.

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 Proceeding for

decades becomes bad.

Fact involving the case reveals that there is no disciplinary

proceeding pending against the petitioner except the vigilance

proceeding pending in the court of Special Judge, Vigilance, Balasore in

T.R. Case No. 24 of 2015 arising out of Balasore Vigilance P.S. Case No.

05 of 2013. Involving the allegation against the petitioner, it appears the

Vigilance Proceeding initiated in the year 2013, but charge-sheet

involving the Vigilance case was submitted in the year 2015. However

the said vigilance case is yet to be disposed of. Pleading also further

made clear that no Disciplinary Proceeding initiated against the

petitioner. In this background of case an allegation is made that

promotion of the petitioner taking effect in the year 2019 has been kept

in sealed cover only on the premises that a vigilance proceeding

involving the petitioner is pending since 2013. 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 2013 will

come to end. It is keeping in this view, this Court in disposal of the writ

petition directs the Principal Secretary to Govt. of Odisha, Water

Resources Department, Bhubaneswar-O.P. No.1 to give promotion to the

petitioner to the rank of Deputy Executive Engineer (Civil) and Executive

Engineer (Civil) from the date of his juniors and batchmates got such

promotions. However the promotions of the petitioner as per direction of

this Court shall be subject to the ultimate outcome in the Vigilance

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

petitioner to different ranks shall not confer equity in the event, he will

ultimately lose the Vigilance 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.

Writ the above observation, the writ petition thus stands disposed

of

Issue urgent certified copy as per rules.

Alok

(DR. B.R. SARANGI)

JUDGE