Tp Central Odisha vs Bhabani Shankar Mahanta
2022 Latest Caselaw 3024 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No. 676 of 2022
            TP Central Odisha
            Distribution Ltd. and Others     ....       Appellants
                          Mr. Ashok Kumar Parija, Senior Advocate
                                 with Mr. Arnab Behera, Advocate


                                     -versus-

            Bhabani Shankar Mahanta
            and Others                            ....      Respondents
                                                                 None

                           CORAM:
                           JUSTICE JASWANT SINGH
                           JUSTICE M.S. SAHOO

                                      ORDER (Oral)

Order No. 08.07.2022

01. 1. This matter is taken up through virtual/physical mode.

2. It is submitted that the Respondent No.1-Bhabani Shankar Mahanta while working as Junior Engineer (Electrical) was arrested on 22.11.2019 for demanding and accepting illegal gratification of Rs.10,000/- leading to initiation of a vigilance case and departmental proceedings by issuance of charge-sheet dated 30.05.2020. Accordingly, respondent was ignored for promotion to the post of Assistant Manager (Electrical) at the time of holding of D.P.C on 31.03.2021.

3. It is contended that the learned Single Judge vide impugned judgment dated 17.12.2021 has illegally directed the promotion of the respondent with all consequential benefits w.e.f the date his junior has been promoted as Assistant Engineer in total ignorance of the // 2 //

instruction dated 17.06.2021 (Annexure-6) governing such situations; as also by erroneously assuming that the vigilance case has been pending since very long. Thus, the orders are liable to be set aside.

4. Issue notice to the Respondents by Registered/Speed Post with A.D. making it returnable by 19.10.2022. Requisites be filed for issuance of notice within three working days.

5. In the meanwhile, the operation of the impugned judgment dated 17.12.2021(Annexure-1) shall remain stayed.

(Jaswant Singh) Judge

(M. S. Sahoo) Judge Basudev 8th July, 2022 Cuttack