The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2157 of 2023 Nayan Ranjan Das State of Odisha and others -versus- …. Mr. N. Biswal, Advocate Petitioner …. Opposite Parties Mr. S. Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 11.04.2023 04. 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. Perused the record. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is, therefore, prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing issue appropriate writ in the nature of mandamus by way of passing the following order; the parties may i) ii) To quash the promotion of the Opposite party No-3 to the post of Section Officer as per the DPC meeting held on 14.12.2020 under Annexure-5. To declare the DPC recommendation dtd- 27.12.2021 under Annexure-8 as illegal and arbitrary. iii) To direct the Opposite party No-2 to consider the Grievance petition dtd- 10.10.2022 filed by the petitioner under Annexure-10. // 2 // iv) To direct the Opposite party No-2 to convene a review DPC for promotion of the petitioner to the post of “Section Officer” w.e.f. 25.03.2021 i.e. from the date of Opposite party No-3 got promotion with all service and consequential benefits within the time framed by Hon’ble this Court And pass such other orders/directions as deemed fit and proper.” 4. It is submitted by learned counsel for the petitioner that the petitioner, who was working as a Junior Clerk, was placed under suspension on 15.05.2009 pending drawl of proceeding by Opposite Party No.2. Thereafter, no disciplinary proceeding was initiated against the petitioner. Further, learned counsel for the petitioner submitted that the petitioner was reinstated in service as per order dated 18.09.2010. He further contended that on 19.04.2014, grant of RACP was returned with an observation that the suspension period has not been regularized and this was the position. In the year 2016, a gradation list of Senior Assistant was published and in the said gradation list, the petitioner was placed at Sl. No.9 and the Opposite Party No.3 was placed at Sl. No.11. Finally, on 14.12.2020 a DPC meeting was held for promotion to the post of Section Officer. It is further contended by learned counsel for the petitioner that although the petitioner was eligible to the post of Section Officer, however, his case has not been considered by the DPC in the year 2020. Thereafter, another gradation list was published in which the petitioner was placed at Sl. No.2 with a remark in the remark column (DP case subjudice) and such remark has objected by the petitioner. Accordingly, a final gradation list was published on 27.12.2021 removing the aforesaid remark. Again another DPC meeting was convened on 27.12.2021, however, the DPC, ignoring the case of the // 3 // petitioner, has given promotion to the persons at Sl. Nos.5, 7, 8, 9, 12 and 13 and the final gradation list was published in the year 2021. Learned counsel for the petitioner further contended that since the petitioner objected the same before the Opposite Party No.2 raising his grievance, the Opposite party No.2 has acted in a vindictive and mala fide manner ignoring the case of the petitioner for consideration for promotion to the next higher post. While the matter stood thus, on 10.10.2022 a detailed grievance petition was filed before the Opposite Party No.2, however, the same has not been considered and no decision has been taken as of now. Accordingly, the petitioner approached this Court by filing the present writ application. 5. It is submitted by learned Additional Government Advocate for the State that on perusal of the documents annexed to the writ application, it appears that the pending drawal proceeding was placed under suspension. However, there is nothing on record as to what happened to the said disciplinary proceeding. He further contended that in such view of the matter, the case of the petitioner has not been considered by the DPC, which was convened to consider the promotion to the next higher post. 6. In reply to the submissions made by learned Additional Government Advocate, learned counsel for the petitioner submitted that although the petitioner was placed under suspension in the year 2009, pending trial of disciplinary proceeding and such disciplinary proceeding initiated on 31.05.2022 i.e. after expiry of 12 years. He further contended that pursuant to the order passed by this Court in I.A. No.6584 of 2022 dated 20.05.2022, the disciplinary proceeding has been kept in abeyance. Therefore, learned counsel for the petitioner submitted that such belated stage initiated the disciplinary // 4 // proceeding, which has been caused by way to consider the case of the petitioner for promotion to the next higher post by the DPC. 7. In such view of the aforesaid submissions made by learned counsel for the respective parties, and upon a careful consideration of the background facts involved in the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Director, Animal Husbandry and Veterinary Services, Odisha, Cuttack-Opposite Party No.2 to re-examine the case of the petitioner and in the event it is found that the disciplinary proceeding in fact kept in abeyance, then the case of the petitioner sent to the DPC for consideration of the case of the petitioner for promotion to the next higher posts subject to the petitioner is fulfilling the eligibility criteria. 8. It is further directed that the petitioner shall approach before the Opposite Party No.2 along with certified copy of this order. In the event petitioner approaches the Opposite Party No.2, Opposite Party No.2 shall do well to consider the case of the petitioner in the light of the observation made herein above. Decision so taken on the same be communicated to the petitioner within two weeks thereafter. 9. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu ( A.K. Mohapatra) Judge