Chakradhar Sahoo vs Central Electricity Supply
2021 Latest Caselaw 12130 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                     RVWPET No.49 of 2019
        Chakradhar Sahoo          ....                  Petitioner
                                                       In person
                               -versus-
        Central Electricity Supply      ....     Opposite Parties
        Utility of Orissa & others
                                                           None


                    CORAM:
                    JUSTICE JASWANT SINGH
                    JUSTICE S.K. PANIGRAHI

                                ORDER (Oral)

Order No. 24.11.2021

02. 1. This matter is taken up through Hybrid Mode.

2. The applicant-petitioner stands retired in the rank of Junior Accountant on reaching the age of superannuation with effect from 31.01.2013 from the employment of Central Electricity Supply Utility of Orissa (CESU).

3. The present review petition has been filed seeking review of the judgment dated 12.02.2019 passed in Writ Appeal confirming the order dated 04.04.2018 passed by the learned Single Judge, whereby the claim of the petitioner for promotion to the rank of Divisional Accountant by reevaluation of English Paper-I of the Departmental Test Examination conducted in April, 2008 was declined. The claim that the petitioner by awarding of 52 marks in the said Paper was deliberately failed at the instance of the C.G.M. (HRA) who was inimical to petitioner due to the complaints filed by the petitioner against the // 2 //

said Officer. Since the minimum qualifying marks to be obtained were 60 out of total 150 in the said Paper, which the petitioner was shown to have not obtained, he was declared failed. To rebut the same, the petitioner claims that he has placed on record, evaluation by three teachers in English who have opined and awarded marks in the range of 80 in the said English Paper.

4. After hearing the petitioner in person, we find no merit in the present review for the reason -

(i) It is not understandable as to how the three English teachers, from whom fresh evaluation is stated to have got done by the petitioner could lay their hands on the actual answer sheets submitted/available with the Department. It is a conceded case that neither the Department had ordered reevaluation nor any Court had ordered such evaluation.

(ii) The Officer against whom the allegations of mala fide have been made was not impleaded, and thus no allegations can be entertained.

5. Thus, in view of the above, the review petition is dismissed.

(Jaswant Singh) Judge

(S.K.Panigrahi) Judge AKK