Orissa High Court
Sangram Keshari Swain vs Union Of India And Others on 3 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26063 of 2022
Sangram Keshari Swain .... Petitioner
Mr. Kailash Chandra Kanungo, Advocate
along with Mr. B. N. Tripathy, Advocate
-versus-
Union of India and Others .... Opp. Parties
Mr. L. Samantaray, AGA
(for opposite party no.3
CORAM:
JUSTICE JASWANT SINGH
JUSTICE M.S. SAHOO
ORDER (Oral)
03.11.2022
Order No.
02. This matter is taken up through hybrid arrangement.
1. It is submitted that vide order dated 23rd May,
2012 passed by the Government of Odisha, Revenue
& Disaster Management Department, the State
Government upon conclusion of disciplinary
proceedings imposed the following punishment upon
the petitioner:
(i) Recovery of Rs.39,657.95/- only in 20
instalments @ Rs.2,000/- per month being
the last instalment of Rs.1657.95 and
(ii) Censure on the delinquent officer of his
lapses.
It cannot be denied that it was the duty of the
employee/Government to recover the amount of
Rs.2,000/- per month in 20 (twenty) instalments
// 2 //
payable w.e.f. 1st June, 2012 from the pay of the
petitioner. Thus, the currency period of the said
recovery had to expire by January, 2014. The
Government omitted to make such recovery without
there being any misrepresentation or fault on the part
of the petitioner. However on the asking of the
Government, a lumpsum amount of Rs.39,657.95/-
was paid by the petitioner on 24.05.2018 although, it
is highly debatable as to whether the same could have
been recovered on account of principle of limitation.
Be that as it may, the fact of the petitioner in
depositing the amount of penalty on 24.05.2018
cannot extend the period of the currency of the
recovery of the penalty amounts by way of
instalments. It is further submitted that the petitioner
from January, 2014 onwards has earned
promotion/selection grades being member of the
Odisha Administrative Service thereby negating the
sting of the aforesaid punishment and recoveries.
3. It is contended that the claim of the petitioner has
been wrongly/illegally rejected for appointment
against the vacancies to the post of I.A.S. in the quota
of promotion for the Select List of 2019 solely on the
basis that the currency period of recovery was till
24.05.2018 without appreciating the true impact of
Clause 4.7 read with Clause 3.1 of the applicable
guidelines framed by the U.P.S.C., which provide that
the punishment(s) prior to five preceding years have
to be ignored and the currency of the recovery
// 3 //
instalments having ceased to have force by January,
2014, while considering the overall performance of a
candidate for promotion. It is next contended that
even the learned Tribunal has rendered the impugned
judgment without adverting to the provisions of the
said guidelines. For ready reference, Clause 3.1 and
Clause 4.7 of the guidelines framed by the U.P.S.C.
read as under:
"3.1 The selection Committee would go through the
service records of each of the eligible officers, with
special reference to the performance of the officer
during the last five years including the vacancy year,
and after deliberation will record the assessment of
the Committee in the Assessment Sheet comprising
the Assessment Matrix [Officer x Year-wise
assessment] and the Colum for Overall Assessment of
the Officers.
4.7 The selection Committee, while preparing Select
Lists, may take into account the effect of currency of
penalties other than 'censure' as under:
The currency of the Penalty is taken from the date
from which it is imposed/effective to the date it
ceases to be in force."
4. Issue notice for 17th January, 2023.
On our asking, Mr. L. Samantaray appears for
and waives off notice on behalf of Government of
Odisha/opposite party no.3. Let an extra copy of the
Writ Petition be served upon him within a week.
Petitioner is given liberty to serve the copy of the
Writ Petition on private opposite party nos.4-22
through the office of the Chief Secretary, Government
of Odisha in view of the different place of posting of
the said opposite parties. The Office of the Chief
// 4 //
Secretary, Government of Odisha shall ensure due
service upon the said opposite parties and send a
report of service.
(Jaswant Singh)
Judge
(M.S. Sahoo)
Judge
Sipun 3rd November, 2022,
cuttack
