Orissa High Court
Unknown vs Chamanlal Goyal : (1995) 2 Scc 570 ... on 16 March, 2021
W.P.(C) No.9688 of 2021
2. 16.03.2021 Heard learned counsel for Petitioner and learned
AGA for the Opposite Parties.
Petitioner has the following prayer in this writ
petition:
"Under the facts and circumstances as
narrated above, this Hon'ble Court may
graciously be pleased to admit this writ
petition, issue Rule Nisi to the opposite
parties and if the opposite parties will fail
to show cause or shown insufficient cause
made the said rule absolute by directing
the opposite parties to open the sealed
cover and given promotion to the Petitioner
to the rank of Section officer from the date
his immediate junior has been given
promotion;"
Filing writ petition a serious allegation is made that
in the garb of pendency of criminal proceedings for over
two decades, even though the case of the Petitioner has
been considered for promotion, the fate of the Petitioner
involving promotion is kept in a sealed cover for almost
more than one decade awaiting outcome involving the
proceeding. It is, at this stage of the matter, taking this
Court to a judgment of this Court dated 24.02.2021
passed in W.P.(C) No.569 of 2021 Miss Mohapatra,
learned counsel for the Petitioner submitted that the case
of the Petitioner at hand is squarely covered by the
judgment of this Court referred to hereinabove.
Mr. Mohanty, learned AGA has no dispute to the
events taken place involving the Petitioner in the
meantime including pendency of the proceeding involving
the Petitioner for more than two decades and also with
2
regard to keeping the case of the Petitioner for promotion
in sealed cover. Mr. Mohanty, learned AGA, however,
made an attempt to justify the impugned order vide
Annexure-3.
Considering the rival contentions of the parties and
as this Court in disposal of similar matter involving
W.P.(C) No.569 of 2021 by judgment dated 24.02.2021
has already come to hold that promotion of a service
holder cannot be withheld for indefinite period on the
ground of pendency of the proceedings over decades and
for the settled position of law through the decision of the
Hon'ble apex Court in the case of State of Punjab &
Ors. Vs. Chamanlal Goyal : (1995) 2 SCC 570 this
Court finds, the decision of this Court in W.P.(C) No.569
of 2021 has clear application to the case of the Petitioner
in this writ petition. It is, in this view of the matter, while
interfering with the order vide Annexure-3 this Court sets
aside the same and remits the matter back to the
Opposite Party No.1 for giving promotion to the Petitioner
dependant on the outcome in the sealed cover, by
completing the entire exercise within a period of one
month from the date of communication of a copy of this
order by the Petitioner. It is, made clear that, such
promotion will, however, be subject to the ultimate
outcome in the proceedings pending involving the
Petitioner.
With the aforesaid observation and direction the
writ petition stands disposed of.
..............................
(Biswanath Rath, J.)
Ayas
