The High Court
Case Details
1. 2. 3. 4. IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 805 of 2021 and batch of Writ Appeals W.A. No. 805 of 2021 State of Odisha and Another …. Joseph Barik Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate Mr. A.P. Das, Addl. Standing Counsel -versus- …. Respondent None W.A. No.490 of 2021 State of Odisha and another …. Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate Mr. A.P. Das, Addl. Standing Counsel -versus- Saishaba Kumar Mandal and another …. Respondents None W.A. No. 935 of 2021 State of Odisha …. Appellant Mr. A.P. Das, Addl. Standing Counsel -versus- B. Nareen Kumar Reddy and Others …. Respondents None W.A. No.943 of 2021 State of Odisha …. Appellant Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Nikhil Mohan Bastia …. Respondent Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 1 of 14 5. 6. 7. 8. 9. W.A. No.286 of 2022 State of Odisha and Others …. Appellants Chittaranjan Jena
Legal Reasoning
Mr. A.P. Das, Addl. Standing Counsel -versus- …. Respondent None W.A. No. 659 of 2022 State of Odisha and Others …. Appellants Mr. A.P. Das, Addl. Standing Counsel -versus- Ranjan Kumar Mohanty …. Respondent W.A. No. 681 of 2022 None State of Odisha and Another …. Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Sashi Sekhar Behera …. Respondent None W.A. No. 683 of 2022 State of Odisha and Another …. Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Rabindranath Gochhayat …. Respondent None W.A. No. 685 of 2022 State of Odisha and Another …. Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Sangram Keshari Mohanty …. Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Respondent None Page 2 of 14 10. 11. 12. 13. 14. W.A. No. 691 of 2022 State of Odisha and Another …. Appellants Mr. Rabi Narayan Mishra, Addl. Govt. Advocate -versus- Alekh Charan Sahoo …. Respondent None W.A. No. 831 of 2022 State of Odisha and Another Appellants …. Mr. M.K. Khuntia, Addl. Govt. Advocate Dilip Kumar Patra and Another …. -versus- State of Odisha and another W.A. No.1042 of 2022 …. Respondents None Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Ramesh Chandra Mishra Respondent Mr. Sarada Prasad Dash, Advocate …. W.A. No.1107 of 2022 State of Odisha and another …. Appellants Pratap Keshri Malla Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- …. Respondent None W.A. No.1127 of 2022 State of Odisha and another …. Appellant Bedambar Behera Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- …. Respondent Mr. Bigyan Sharma, Advocate Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 3 of 14 15. 16. 17. 18. 19. W.A. No. 1223 of 2022 State of Odisha and Others …. Appellants Sisir Ranjan Prusty Mr. M.K.Khuntia, Addl. Govt. Advocate -versus- …. Respondent Mr. T.K. Biswal, Advocate W.A. No.1232 of 2022 State of Odisha and another …. Appellants Mr. M.K.Khuntia, Addl. Govt. Advocate Amulya Kumar Tripathy -versus- Respondent Mr. Tushar Kanta Nayak, Advocate …. W.A. No.1239 of 2022 State of Odisha and another …. Appellants Shishir Kumar Das Mr. M.K.Khuntia, Addl. Govt. Advocate -versus- …. Respondent None W.A. No. 1272 of 2022 State of Odisha and Others …. Appellants Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- Manas Ranjan Sahoo …. Respondent None W.A. No. 1314 of 2022 State of Odisha and Another …. Appellants Prasanta Kumar Das Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- …. Respondent Mr. Bigyan Sharma, Advocate Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 4 of 14 20. 21. 22. 23. 24. W.A. No.1346 of 2022 State of Odisha and another …. Appellants Umakanta Biswal Mr. A.P. Das, Addl. Standing Counsel -versus- …. Respondent None W.A. No.1347 of 2022 State of Odisha …. Appellant Mr. M.K. Khuntia, A.G.A. -versus- Kali Charan Sadangi and another …. Respondents None W.A. No. 1365 of 2022 State of Odisha and Another …. Appellants Mr. A.P. Das, Addl. Standing Counsel -versus- Prasanta Kumar Malla …. Respondent None W.A. No. 1368 of 2022 State of Odisha and Another …. Appellants Nalini Ranjan Mishra Mr. M.K. Khuntia, Addl. Govt. Advocate -versus- …. Respondent None W.A. No. 1460 of 2022 State of Odisha …. Appellant Mr. A.P. Das, Addl. Standing Counsel -versus- Umesh Chandra Moharana …. Respondent Mr. S.K. Ojha, Advocate Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 5 of 14 25. 26. 27. 28. 29. W.A. No.1651 of 2022 State of Odisha and others …. Appellants Mr. M.K. Khuntia, A.G.A. Krushna Chandra Dash …. -versus- Respondent None W.A. No. 1659 of 2022 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate -versus- Ananga Bhima Deo …. Respondent Mr. D.R. Bhokta, Advocate W.A. No. 1733 of 2022 State of Odisha …. Appellant Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Pramod Kumar Sahoo -versus- …. Respondent None W.A. No. 1813 of 2022 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Dr. Rajat Ranjan Sadual …. -versus- Respondent None W.A. No. 257of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate -versus- Aruna Kumar Rout …. Respondent None Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 6 of 14 30. 31. 32. 33. 34. W.A. No. 343 of 2023 State of Odisha and Another …. Appellants Mr. A.P. Das, Addl. Standing Counsel -versus- Mahendra Kumar Sahoo …. Respondent None W.A. No. 345 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Brusava Kumar Pradhan -versus- …. Respondent Mr. Manas Pati, Advocate W.A. No. 395 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Apurba Kumar Patra -versus- …. Respondent None W.A. No. 505 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Pradyumna Kumar Parida …. -versus- Respondent None W.A. No. 511 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Biswa Bhusan Mohanty …. -versus- Respondent None Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 7 of 14 35. 36. 37. 38. 39. W.A. No. 535 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Rajat Chandra Singh -versus- …. Respondent Mr. D.R. Bhokta, Advocate W.A. No. 536 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate -versus- B. Lileswar Rao …. Respondent None W.A. No. 567 of 2023 State of Odisha and Another …. Appellants Janardan Bal Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate -versus- …. Respondent None W.A. No. 596 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Dr. Malay Kumar Pradhan Respondent Mr. Anjan Kumar Biswal, Advocate …. -versus- W.A. No. 604 of 2023 State of Odisha and Others …. Appellants Niranjan Behura Mr. A.P. Das, Addl. Standing Counsel -versus- …. Respondent None Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 8 of 14 40. 41. 42. 43. 44. W.A. No. 634 of 2023 State of Odisha …. Appellant Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Kanhu Charan Nayak -versus- …. Respondent None W.A. No. 677 of 2023 State of Odisha and Others …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Sunita Sahu -versus- …. Respondent None W.A. No. 731 of 2023 The Principal Secretary to Govt., Food, Supplies and Consumer Welfare Dept. …. Appellant Mr. A.P. Das, Addl. Standing Counsel Bijay Kumar Mohanty -versus- …. Respondent None W.A. No. 743 of 2023 State of Odisha and Another …. Appellants Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Rajkishore Ghadei @ Ghadai …. -versus- Respondent None W.A. No. 790 of 2023 State of Odisha …. Appellant Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Madhab Chandra Sarangi …. -versus- Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Respondent None Page 9 of 14 45. 46. W.A. No. 1266 of 2022 Commissioner-cum-Secretary, Works Department …. Appellant Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate -versus- Ambika Ballava Swain and Others …. Respondents None W.A. No. 125 of 2022 State of Odisha …. Appellant Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate Srimanta Mishra -versus- Respondent Mr. Upendra Kumar Samal, Advocate …. CORAM: THE CHIEF JUSTICE JUSTICE G. SATAPATHY Order No.
Decision
ORDER 11.05.2023 02. 1. In all these writ appeals by the State of Odisha against the corresponding orders of the learned Single Judge, a common question arises for consideration viz. whether during the pendency of a criminal case against the government servant in the Court of the Special Judge (Vigilance), and notwithstanding exoneration of the said employee in the departmental proceedings, could the learned Single Judge have ordered grant of either ad hoc or regular promotion to the government servant subject to the outcome of the criminal proceedings? 2. One other common factor that requires to be noticed is that except in W.A. No.596 of 2023 where the impugned order under challenge Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 10 of 14 was passed by the learned Single Judge after completion of pleadings in the writ petition, in all the other appeals the impugned order under challenge was passed by the learned Single Judge on the very first date of hearing of the writ petition without an opportunity to the State of Odisha to file its reply. 3. This Court has heard the learned counsel for the parties. 4. There is no dispute in that the criminal case involving the Respondents in the present appeals is still pending before the Court of the Special Judge (Vigilance) at various stages. In some cases, even a charge sheet is yet to be filed and in other charges may or may not have been framed; in certain other cases, trial is in progress. 5. Learned counsel appearing for the respective Respondents argue that on account of the long years of the pendency of the criminal case and with the impending prospect of many of the Respondents superannuating in the immediate future, one equitable solution would be for this Court to direct the Appellants (State of Odisha) to grant them ‘ad hoc’ promotions. In support of such plea, reliance placed on an interim order passed by this Court on 27th March, 2023 in W.A. No.321 of 2022. 6. However, it is pointed out by Mr. Khuntia, learned Additional Government Advocate (AGA) that in W.A. No.321 of 2022 the Respondent had been exonerated in the departmental proceedings and the report sent by the Special Judge, Vigilance to this Court Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 11 of 14 showed that the trial in T.R. Case No.50 of 2014 was progressing very slowly with only three witnesses having been examined. Accordingly, this Court in the said case directed the trial Court to conclude the entire trial and deliver the judgment on or before 1st August, 2023. It is in those circumstances that no interim order was passed by the Diviion Bench staying the order of the learned Single Judge. The said writ appeal has been directed to be listed on 10th August, 2023. 7. Apart from the fact that the aformenetioned order is an interlocutory one peculiar to the facts noted, as far as the present batch of cases is concerned, departmental proceedings are still pending in some and in all the cases criminal proceedings are pending. 8. The Court has been shown a compilation of Office Memoranda (OMs) and Notifications issued by the Government of Odisha from time to time. These include OM dated 18th February 1994, 4th July 1995, 1st November 1997, 28th January 1999, 28th May 2012, 29th April 2017 and 17th June 2021issued by the General Administration Department. None of them envisages or permits grant of promotion to a government servant either on regular or on ad hoc basis during the pendency of a criminal case involving such government servant. 9. Further in terms of the law explained by the Supreme Court in Union of India v. K.V. Janaki Raman (1991) 4 SCC 109, State of Punjab v. Chamanlal Goel (1995) 2 SCC 570, the judgment of this Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 12 of 14 Court dated 5th October, 2016 in W.P.(C) No.19909 of 2015 (State of Odisha v. Somanath Sahoo) and the judgment dated 26th April, 2017 in W.P.(C) No.22393 of 2015 (State of Odisha v. Anil Kumar Sethi), there is no right of the government servant to be considered for promotion during the pendency of either departmental proceedings or criminal proceedings or both against such government servant. 10. The plea of the learned counsel appearing for the Respondents that they should be granted at least one ‘ad hoc promotion’ is also without any legal basis in light of the above OMs and the settled position in law. 11. It is clarified that as and when the criminal proceedings end in favour of the government servant by way of an acquittal and such government servant also stands exonerated from the departmental procewedings then notwithstanding the superannuation of such government servant, the notional benefits attaching to the promotion that is due to the government servant would be calculated and the pension fixed accordingly. 12. In the light of the above orders of the Government, it is not possible for this Court to sustain the impugned orders of the learned Single Judge in the present cases directing the Appellants to grant regular promotion to the Respondents even with the caveat that such promotion would be subject to the outcome of the criminal case against such government servant. The said impugned orders of the learned Single Judge are accordingly hereby set aside. Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 13 of 14 13. It will of course be open to the Respondents to request the criminal Courts concerned to expedite the proceedings and bring the trials to an early conclusion. 14. The writ appeals are accordingly allowed, but in the circumstances, with no order as to costs. Chief Justice (Dr. S. Muralidhar) Judge (G. Satapathy) Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2023 10:25:39 Page 14 of 14