The High Court of Odisha while dealing with multiple writ petitions disallowed the grant of ad-hoc promotions to government employees with pending criminal cases with or without exoneration in the departmental proceedings.
Brief Facts of the Case:
The genesis of the present case arose from the multiple write petitions being filed in the High court of Odisha for questioning the decision of lower court that permitted an ad hoc promotion to government servants during the pendency of a criminal case involving them. Except for one petition, the impugned order was earlier in all the case on its first hearing itself passed by the learned single Judge.
Furthermore, in the immediate batch of cases involved, departmental hearings were still pending in a few cases with criminal proceedings not being completed even in one. The long pendency of criminal cases with impending prospects of many of the employees superannuating in the future was pleaded as a reason for permitting the grant of ad-hoc promotions.
High Court's Observation:
The High Court of Odisha (Cuttack), relying upon several earlier judgements, observed that 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. It had been 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 proceedings 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.
Decision:
The impugned order of the learned single judge that permitted ad-hoc promotions to government employees with pending criminal cases, was set aside by the HC of Odisha. Thus,
The writ appeals were accordingly allowed, but in the circumstances, with no order as to costs.
Case Title: State of Odisha vs Joseph Barik
Case Number: W.A. No. 805 of 2021
Coram: Hon'ble Dr. S. Muralidhar, Hon’ble Mr. Justice G. Satapathy
Advocates for Petitioner: Mr. M.K. Khuntia, Addl. Govt. Advocate Mr. A.P. Das, Addl. Standing Counsel
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