Orissa High Court
Madhab Chandra Sarangi vs State Of Odisha on 19 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 24826 of 2021
Madhab Chandra Sarangi .... Petitioner
Ms. S.S. Mohapatra, Advocate
-Versus -
State of Odisha .... Opposite Party
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
19.08.2021
Order No. This matter is taken up through hybrid mode.
2. Heard learned counsel for the party.
3. The petitioner has filed this application seeking direction
to the opposite party to give him promotion to the post of Asst.
Executive Engineer (Civil) from 24.04.2018 by holding review
DPC & consequential ad hoc promotion be extended to the
petitioner, as he is on the verge of retirement taking into
consideration the circular dated 18.02.1994 and judgment of the
apex Court in the case of Union of India v. K.V. Janakiraman,
AIR 1991 SC 2010.
4. Moot question involves if a promotion of employee can
be withheld for indefinite period on the premises of pendency of
vigilance proceeding over a period of decades.
5. This Court considering such situation has already settled
the position of law keeping the sealed cover promotion aspect in
view of pendency of the Disciplinary Proceeding and/or
Vigilance Proceeding for decades becomes bad.
6. Fact involving the case reveals that there is no
disciplinary proceeding against the petitioner except the
vigilance proceeding pending in the court of Special Judge
(Vigilance), Bhubaneswar in Vigilance P.S. Case No. 14 of
2009 corresponding to T.R. Case No. 55 of 2013. Involving the
allegation against the petitioner, it appears the Vigilance
Proceeding initiated in the year 2009, but charge-sheet involving
the Vigilance case has not yet been filed. However the said
vigilance case is yet to be disposed of. Pleading also further
made clear that no Disciplinary Proceeding initiated against the
petitioner. In this background of case an allegation is made that
promotion of the petitioner taking effect in the year 2018 has
been kept in sealed cover only on the premises that a vigilance
proceeding involving the petitioner is pending since 2009. For
the settled position of law, this Court in disposal of the writ
petition observes, petitioner cannot suffer for the long pendency
of the vigilance proceeding. It is also not known when the
Vigilance Proceeding initiated in the year 2009 will come to
end. It is keeping in this view, this Court in disposal of the writ
petition directs the Principal Secretary to Govt. of Odisha, Water
Resources Department, Bhubaneswar-O.P. to give promotion to
the petitioner to the rank of Asst. Executive Engineer (Civil)
from 24.04.2018, the date his juniors and batchmates got such
promotion. However the promotion of the petitioner as per
direction of this Court shall be subject to the ultimate outcome
in the Vigilance Proceeding. Further it is also clarified that the
promotion given to the petitioner to the rank of Asst. Executive
Engineer (Civil) shall not confer equity in the event, he will
ultimately lose the Vigilance Proceeding. Entire exercise shall
be completed within four weeks from the date of communication
of this direction. It is also clarified that upon promotion,
petitioner shall also be entitled to all consequential benefits.
Writ the above observation, the writ petition thus stands
disposed of
A.K. Rana (Dr. B.R. Sarangi)
Judge
