The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29598 of 2023 Chandramani Mishra State of Odisha & others …. Petitioner Mr. B.R. Barik, Advocate -versus- ….
Legal Reasoning
Opposite Parties Mr. S. Das, A.G.A. Mr. S.K. Patra, learned Standing Counsel for AG Odisha CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 05.10.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State-Opposite Parties and Mr. S.K. Patra, learned Standing Counsel for AG Odisha. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioner with the following prayer : “It is therefore, prayed that this Hon’ble Court may be Order No. 01. graciously pleased to:- i) ii) iii) admit the writ petition; call for the records; issue Rule Nisi calling upon the Opp. Parties as to why the Petitioner shall not be given promotion w.e.f. his junior got promotion pursuant to order dt.09.03.2022 of this Hon’ble Court passed in W.P.(C) No.24662/2012 and all retirement dues including final pension, MACP, Gratuity and unutilized leave salary of 300 days with 18% shall not be paid for delayed payment. If the Opp.Parties do not show cause or show insufficient case issue a writ in the nature of mandamus or any other appropriate writ/writs, order/orders, direction/directions in directing the Opp. parties to give iv) // 2 // promotion w.e.f. his junior got promotion pursuant to order dt.09.03.2022 of this Hon’ble Court passed in W.P.(C) No.24662/2012 and further direct to pay all final pension, MACP, retirement dues Gratuity and unutilized leave salary of 300 days of the Petitioner with 18% for delayed payment and be paid to the Petitioner within a time to be stipulated by this Hon’ble Court.” including 4. It is submitted by the learned counsel appearing for the Petitioner that the Petitioner who was working as a Junior Revenue Assistant was entangled in a vigilance case. Accordingly, he was placed under suspension and Disciplinary Proceeding was also initiated against the Petitioner. It is further contended by learned counsel for the Petitioner that the Petitioner was acquitted in the vigilance case by the Competent Court. Thereafter, in the Disciplinary proceeding the Petitioner has been exonerated vide order dated 02.12.2022 under Annexure-5 passed by the Collector, Sundargarh. Prior to conclusion of the Disciplinary Proceeding the Petitioner had approached the Odisha Administrative Tribunal after he was acquittal in the criminal case by filing the Provisional No.127(C) of 2012. The tribunal vide order dated 28.09.2012 dismissed the application filed by the Petitioner before the Tribunal. Being aggrieved by such order of the Tribunal the Petitioner has approached by filing W.P.(C) No.24662 of 2012 which was disposed of by a Division Bench of this Court vide order dated 09.03.2022. A Division Bench of this Court while disposing of the writ application observed that since the promotion of the Petitioner had been considered by the DPC that due to pendency of the vigilance case, the result of the DPC was kept in a sealed cover and the Vigilance Case having been already ended in acquittal, a direction was given to the Opposite Parties to open the sealed cover kept by the DPC in respect of the Petitioner. The entire exercise was directed to carry out within two months. 5. After disposal of the above noted writ application the Petitioner // 3 // approached the Collector, Sundargarh on 15.03.2022 by filing a representation under Annexure- 4 to the writ application. No decision has been taken as directed by the Division Bench of this Court vide order dated 09.03.2022. Learned counsel for the Petitioner however submitted that in the meantime vide order dated 02.12.2022 the Collector, Sundargarh has already dropped the Disciplinary proceeding. Since, the Petitioner has been acquitted in the vigilance case and the Disciplinary proceeding having been dropped by the Competent Authority, there is no other legal impediment in opening the sealed cover kept by the DPC in respect of the petitioner. Accordingly, the Petitioner has prayed for a direction to the Opposite Parties to open the sealed cover and grant promotion to the Petitioner along with consequential benefits. 6. Learned Additional Government Advocate, on the other hand contended that the present writ application is not maintainable in view of the fact that a Division Bench of this Court in W.P.(C0 No.24662 of 2012 vide order dated 09.03.2022 has already given a direction to open the sealed cover. Further, it was submitted that the Petitioner should have approached along with a copy of the order dated 09.03.2022 instead of approaching the authority, the Petitioner has again filed the present writ application. Accordingly, it was submitted that the present writ application is not maintainable. 7. Having heard the learned counsels appearing for the Parties and on a careful scrutiny of the background facts, this Court is of the view that vide order dated 09.03.2022 a Division Bench of this Court in W.P.(C) No.24662 of 2012 has specifically directed the Opposite Parties to open the sealed cover which the DPC kept with regard to promotion of the Petitioner, so far the result of the promotion of the petitioner by DPC be declared. In such view of the matter, this Court is of the considered view that no further direction is required. Accordingly, the present writ application is being disposed of by // 4 // directing the Opposite Parties to implement the order dated 09.03.2022 within a period of six weeks from today. Failing which the Opposite Parties shall be liable to be proceeded against in an appropriate proceeding for willful and violation of this Court’s order. Further, it is directed that consequent upon opening of the sealed cover, the Petitioner would be paid all the consequential service benefits including the pensionary benefits, gratuity, leave salary etc. within the aforesaid time stipulation. Failing which the authorities shall pay the entire amount along with interest of 18%. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Oct-2023 10:15:25