The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.42081 of 2023 Bhabagrahi Pradhan & others ..……. Petitioners Mr. Manoranjan Mohanty, Senior Advocate along with Ms. Subhasree Mohanty, Advocate State of Odisha & Others -Versus- ..……. Opposite Parties Mr. A.K. Sharma, AGA CORAM: JUSTICE S.S. MISHRA
Decision
ORDER 22.12.2023 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. 16 petitioners have approached this Court by filing the present writ petition inter alia making the following prayers: “It is, therefore, humbly prayed that, this Hon’ble Court may graciously be pleased to admit this writ petition, call for the records and after hearing the parties, may be pleased to pass the following reliefs:- a) The select list Under Annexure-4 may kindly be quashed (as the case of the petitioners did not receive consideration for promotion to the rank of Asst. Sub-Inspector of Police) and the Opp. Parties the whole matter be directed (including the case of the petitioners) by accepting the hard copies of their property statements) or by waiting till opening of the HRMS-Portal; b) And may pass such other Order/Orders/ Direction/Directions as may be deem fit and proper in the interest of justice; to re-consider 2 And for this act of kindness, the petitioners shall as in duty bound ever pray.” 3. The petitioners have contended that since they are eligible and qualified to be considered for the promotion to the post of Assistant Sub-Inspector of Police, they were shortlisted for written test scheduled to be held on 06.12.2020. The State Police headquarter vide its communication dated 14.09.2023 directed all the District Police Establishments to nominate the qualified Constables to appear in the medical test. The name of the petitioners appeared in that list of nominations. In the aforesaid letter there was a precondition that all the nominated Constables those who are under the consideration zone 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 uploaded their property statement in time and gave representation to the 3 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 ASI are getting favourable consideration. Therefore, they seek interference of this Court. 4. Mr. Manoranjan Mohanty, learned Senior counsel appearing for the petitioners relies upon the order dated 20.11.2023 passed by the Coordinate Bench in W.P.(C) No.37641 of 2023. Adjudicating exactly the similar issues pertaining to Revenue Department, the Coordinate Bench of this Court has allowed the prayer of the writ 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: for learned counsel the “8. Having heard 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 4 to formulated the cases of private Opposite Party Nos. 6 & 7 the case of the Petitioner has been ignored for promotion 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 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 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.” 5. Mr. Sharma, learned Additional Government Advocate appearing for the State 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 5 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 ASI is not tenable. 6. Considering the aforementioned facts and submissions of the parties, I am of the considered view that the petitioners are covered by the order of the Coordinate Bench dated 20.11.2023. Therefore, they deserve direction akin to the said order passed by Coordinate Bench. Accordingly, I direct the opposite parties to provide an opportunity to the petitioners to submit their annual property statement either by opening their web-portal for particular time within which the petitioners could upload their annual property statement or the opposite parties may accept the hardcopies of the annual property statements 6 from the petitioners within one week from today. In the event, the petitioners submit hardcopy of the annual property statement in any one of the mode as indicated above, the opposite parties may convey a review DPC to consider the promotion of the petitioners to the post of Assistant Sub-Inspector of Police, if it required so. (S.S. Mishra) Judge Signature Not Verified Digitally Signed Signed by: ASISH KUMAR KAR Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Dec-2023 17:42:50