The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.46 of 2024 Pratap Behera and others …. Petitioners Mr. Bigyan Ku. Sharma, Advocate State of Odisha & others -versus- …. Opposite Parties Mr. N. Pratap, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 08.01.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel. 3. The Petitioners have filed the present writ application with the following prayer: “Under the aforesaid circumstances, it is humbly prayed that your Lordship’s would graciously be pleased to issue Rule NISI calling upon the Opp.Parties to show cause as to why the proceeding date 20.11.2023 under annexure-3 rejecting the candidature of the Petitioner on the premises that they had not submitted property statement, should not be quashed and set aside and if the Op.Parties fail to show cause or show insufficient cause make the said Rule NISI absolute; And further be pleased to issue a writ of certiorari in line with aforesaid Rule NISI quashing the proceeding dated 20.11.2023 under annxure-3 as communicate vide 14.12.2023 holding to be promoted to the post of Havildar on the premises that property statement had not been filed. the Petitioners ineligible And further be pleased to direct the Opp.Parties to consider the case of th Petitioners for promotion to the of Sundargrah post of Havildar the district in // 2 // notwithstanding the communication dtd.28.12.2022 issued by I.G. of Police (Personnel) Odisha Opp.Party No.2 under anxure-4. And direction/directions, order/orders as the Hon’ble Court may deem, fit and proper.” other such pass 3. The petitioners have contended that since they are eligible to be considered for the promotion to the post of Havildar but due to non submission of annual property statement they are allowed to participate in District Drill Test. In the aforesaid letter there was a precondition that all the nominated Constables those who are under the zone of consideration for promotion was to file the property statement under the Odisha Government Servants Conduct (Amendment) Rules, 2021. The said rule suffered amendment and the government officials were asked to submit their property statement by the end of January every year through online portal namely HRMS portal. It is contended by the petitioners that the said portal was closed by the end of January, 2023. Therefore, efforts were also made at the senior level to open the portal, but to no avail. Since the portal was closed, the present petitioners could not upload their property statement in time and requested the authorities to submit the same physically. However, the opposite parties have not accepted the hardcopies of the property statement, which resulted in the disqualification of the petitioners from the consideration zone. The petitioners contended that the juniors to them in the nomination list for promotion to the rank of Havildar are getting favourable consideration. Therefore, they seek interference of this Court. 4. Learned counsel appearing for the petitioners relies upon the order dated 20.11.2023 of this Hon’ble Court in W.P.(C) No.37641 of 2023. Adjudicating exactly the similar issues pertaining to Revenue Department, this Court has allowed the prayer of the writ // 3 // petitioners directing the opposite parties to accept the hardcopies of the property statement or open the web-portal for a limited time to facilitate the petitioners to upload their property statement. Relevant is paragraphs-8 and 9 of that order which are reproduced below: “8. Having heard learned counsel for the respective parties and on a careful consideration of the contentions raised by the learned counsel for the parties and on a perusal of the pleadings of the parties, this Court is of the considered view that right to be considered for promotion to the next higher rank has been well recognized under the provisions of the Constitution. In the present case, it has been alleged that such right to be considered for promotion has been infringed by the conduct of the Opposite Parties, moreso, while considering the cases of private Opposite Party Nos. 6 & 7 the case of the Petitioner has been ignored for promotion to the next higher rank although according to the Petitioner, he is senior to such private Opposite Parties as per the final gradation list under Annexure-1. Therefore, this Court is required to consider such a right of the Petitioner for promotion to the next higher rank vis-i-vis the procedure formulated for uploading Annual Property Statement in the HRMS website portal of the State Government. No doubt, the Petitioner has to upload the Annual Property Statement within a specified period of time i.e. by 31st January of every year. However, considering the fact that the right of the Petitioner to be considered for promotion is getting affected, this Court deems it proper that the Petitioner should be given another opportunity to either upload their Annual Property Statement within a stipulated period of time or he may be directed to submit hard copy before the competent authority which would be the larger interest of justice. 9. In view of the aforesaid analysis of the factual position as well as law, this Court deems it proper to direct the Opposite Parties to provide an opportunity to the Petitioner to submit his Annual Property Statement either by opening their website portal for a particular time within which the Petitioner has to submit the Annual Property Statement or the Opposite Parties may provide an opportunity to the Petitioner to submit hard copy of the Annual Property Statement within a period of three weeks // 4 // from today. In the event the Petitioner submits hard copy of Annual Property Statement in any one of the mode as indicated herein above, the Opposite Parties No.1 & 2 are directed to convene a review DPC to consider the case of promotion of the Petitioner to the post of Revenue Inspector subject to the fact that Petitioner is found eligible in terms of the relevant Rules within a period of two months from today.” Learned Additional Standing Counsel appearing for the State 5. vehemently opposes the prayer made by the petitioners and contended that indulgence of this Court may upset the timely promotion of eligible candidates to the rank of ASI. He hands up the office orders dated 24.06.2021, 28.12.2022 and 24.05.2023 issued by the G.A. Department, Police headquarter respectively. By these office orders repeatedly the time for submission of the property statement has been extended and mandatory/compulsory submission of the property statement by all group/rank of the Government servants and people representatives have been made. He submits that the petitioners were within their knowledge that the time has been extended and the web-portal was kept open. Since they have behaved irresponsibly by not uploading their property statement, they lost their opportunity. Therefore, their right for consideration for promotion to the rank of Havildar is not tenable. 6. In course of hearing, learned counsel for the Petitioners submitted that the G.A. Dept. is going to take a decision to extend the time to submit annual property statement by the defaulting employees for the year 2022 through online mode in HRMS portal up to 10.02.2024. 7. Considering the submissions made by the learned counsels appearing for the respective parties and upon a careful consideration of the background facts as well as keeping in view the order passed by this Court in W.P.(C) No.37641 of 2023, which has been quoted // 5 // hereinabove and further taking into consideration the decision of the G.A. & P.G. Dept., this Court directs the Opposite Party No.3 to accept the annual property statement, which have been submitted by the Petitioners in the meantime through online mode in HRMS web portal. Accordingly, the result of the selection process be published as expeditiously as possible preferably within four weeks from the date of communication of certified copy of this order if there is no other legal impediment. Further, it is directed that in the event, it is found by the Opposite Party No.3 that annual property statement as submitted by the counsel for the Petitioners is not available with them, the Petitioners be intimated about such facts and they be given another opportunity to file the same pursuant to the decision of the G.A.Department within the time stipulated by the said department and accordingly the Opposite Party No.3 shall finalize the selection process and publish the result of the test conducted for promotion to the post of Havildar as has been directed hereinabove. 8. With the aforesaid observation, the writ application stands disposed of. 9. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 12-Jan-2024 18:20:26