Orissa High Court
Satyanarayan Dash vs State Of Odisha & Ors on 30 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12492 of 2021
Satyanarayan Dash ..... Petitioner
Ms. S. Mohapatra, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Mr. G. Rout, ASC
CORAM:
MR. JUSTICE SANJAY KUMAR MISHRA
ORDER
30.08.2022
I.A. No.17194 of 2021 and W.P.(C) No.12492 of 2021
Order No. This matter is taken up through hybrid mode.
07.
2. In the present Writ Petition, the Petitioner has
prayed to quash the Disciplinary Proceeding bearing
Prog. No.01/2016, as per the Enquiry Report, dated
16.04.2018 under Annexure-4.
3. During pendency of the present Writ Petition, I.A.
No.17194 of 2021 has been filed by the Petitioner
praying therein to direct the Opposite Party No.2 to
release the increments from 2016 to 2021 in his favour,
to which an objection has been filed by the Opposite
Parties opposing to the said prayer made in the I.A.
3. Pursuant to the said objection filed by the
Opposite Parties-State, the Petitioner has filed an
Additional Affidavit on 11.04.2022 enclosing thereto
communication dated 28.02.2019 made by the A.I.G. of
Police (Personnel), Odisha, Cuttack, addressed to the
Superintendent of Police, Puri, pertaining to a similarly
placed employee/ASI, namely, ASI/713 Santosh Kumar
Sahoo, clarifying therein as follows:
"Pending finalization of departmental
proceeding against ASI/713 Santosh Kumar
Sahoo of your district, his annual increment
may be allowed by calculating for date of next
increment in that time scale, after adding the
full suspension period with the normal date
of increment i.e. by shifting the date of
increment with the period of suspension. In
this connection, rule 79 of Odisha Service
Code may be followed."
4. In view of such communication, as at Annexure-5,
appended to the Additional Affidavit, learned Counsel
for the State sought for time to take instruction and
produced before this Court the communication dated
11.07.2022 of I.G. of Police (Communication), Odisha,
Cuttack, addressed to the Additional Government
Advocate, Office of the Advocate General, Odisha,
Cuttack, which reads as follows:
" In inviting the letter under reference this
is to intimate that the prayer application
of Sri. Satyanarayan Dash for releasing
Annual Increment pending finalization of
signal Estt. Department Proceeding
No.01/ 2018 was then rejected by the
Additional D.G of Police, Communication
because of the fact that by that time State
Police Hdqrs. letter no.9182/Pers-I
dtd.28.02.2019 allowing increment in
case of ASI/713 Santosh Kumar Sahoo
was not received at the Range Office. In
the later part ASI (Commn.) Surya Prasad
Tripathy against whom Signals Estt.
Proceeding No.02/2018 is outstanding
had prayed with enclosing the above said
State Police Hdqrs. letter for releasing his
annual Increment as cited above.
Therefore, at the present stage there is
no obstacle to release the annual
Increment of Shri. Dash by calculating for
the date next increment in that time
scale, after adding the full suspension
period, if any with the normal date of
increment. In this regard necessary steps
shall be taken to advice SP Signals for
releasing his annual increment as per SP
Hdqrs. letter No. 9182/Pers-I dated
28.02.2019, subject to the Hon'ble Court
granting such liberty.
Further, this is to intimate that the
prayer of the petitioner in W.P.(C) Case
No.12492/2021 is to quash the
disciplinary proceeding bearing the Prog.
No.1/2016 cannot be acceded to, owing
to facts narrated in the enquiry report
dated16.04.2018 under Annexure-4 of
the said writ. The fact is that Signals Estt.
Prog. No. 1/2016 has been drawn up
against Shri Dash on the basis of his
involvement in CID PS Case No.10 dated
15.03.2015 U/s 406/409/34/120-B IPC.
The same criminal case is also Sub-judice
before the Hon'ble Court of law. Hence
the final report of the said departmental
proceeding is held up which mutatis
mutandis depends upon the judgment in
the criminal case.
This is for favour of kind information
and necessary action please."
5. In view of such communication made by the I.G. of
Police (Communication), Odisha, Cuttack, learned
Counsel for the Petitioner fairly makes a submission
that the Writ Petition be disposed of in terms of the said
communication giving liberty to the Petitioner to
approach this Court afresh, if any further cause of
action arises in future.
6. The Authority concerned is directed to take
necessary steps for release of the annual increment of
the Petitioner for the period from 2016 to 2021 in terms
of the decision taken in respect of ASI/713 Mr. Santosh
Kumar Sahoo, so also the communication dated
11.07.2022 made by the I.G. of Police (Communication)
Odisha, Cuttack, to the Office of the Advocate General
within a period of six weeks from the date of
communication of the certified copy of this Order.
7. Accordingly, with liberty as prayer for, the I.A. as
well as Writ Petition stand disposed of.
(S.K. MISHRA)
JUDGE
Banita/Padma
