State Of Odisha And Others vs Manohar Naik
2023 Latest Caselaw 10443 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      W.A. No.682 of 2022

              State of Odisha and Others                ...          Appellants
                               Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
                                          -versus-
              Manohar Naik                              ...         Respondent
                                                 Mr. S.S. Mohapatra, Advocate

              CORAM:
              THE CHIEF JUSTICE
              JUSTICE G. SATAPATHY
                                                         ORDER

Order No. 30.08.2023

07. 1. This matter is taken up through hybrid mode.

2. Heard Mr. M.K. Khuntia, learned Additional Government

Advocate appearing for the State-Appellants and Mr. S.S.

Mohapatra, learned counsel appearing for the sole Respondent.

3. By means of this intra-Court appeal, the order dated 16th

September, 2021 passed by the learned Single Judge in W.P.(C)

No.27810 of 2021 has been challenged. The learned Single Judge

in the impugned order has observed as follows:

"6. ....For the settled position of law, this Court in disposal of the writ petition observes, petitioner cannot suffer for the long pendency of the vigilance

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Sep-2023 19:20:50 proceeding. It is also not known when the Vigilance Proceeding initiated in the year 2007 will come to end. It is keeping in this view, this Court in disposal of the writ petition directs the Principal Secretary to Govt. of Odisha, Housing and Urban Development Department-O.P.No.1 to give promotion to the petitioner to the rank of Executive Engineer (Civil) from the date of his juniors and batchmates got such promotion. However the promotion of the petitioner as per direction of this Court shall be subject to the ultimate outcome in the Vigilance Proceeding.

Further it is also clarified that the promotion given to the petitioner to the rank of Deputy Executive Engineer (Civil) and Executive Engineer (Civil) shall not confer equity in the event, he will ultimately lose the Vigilance Proceeding. Entire exercise shall be completed within four weeks from the date of communication of this direction. It is also clarified that upon promotion, petitioner shall also be entitled to all consequential benefits."

4. Mr. Khuntia, learned Addl. Govt. Advocate has submitted that

almost in similar facts and circumstances, this Court, in a series of

writ appeals being W.A. No.805 of 2021 (State of Odisha and

Another vs. Joseph Barik) and other writ appeals, has observed

that in view of the law as enunciated by the Apex Court in Union

of India vs. K.V. Janaki Raman : (1991) 4 SCC 109, State of

Punjab v. Chamanlal Goel : (1995) 2 SCC 570 and the judgment

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Sep-2023 19:20:50 of this Court in State of Odisha v. Somanath Sahoo : Judgement

dated 5th October, 2016 in W.P.(C) No.19909 of 2015 and State of

Odisha v. Anil Kumar Sethi : Judgement dated 26th April, 2017

in W.P.(C) No.22393 of 2015 that there is no right of a

government servant to be considered for promotion during the

pendency of either departmental proceedings or criminal

proceedings or both against the government servant. Finally, the

order of the learned Single Judge which expressed the contrary

view has been set aside. The learned Single Judge had directed that

the regular promotion should be given to the writ petitioner (the

respondent in the said appeal) subject to outcome of the criminal

case against the government servant.

6. We are in agreement with the said view as taken in Joseph

Barik (supra) by a Co-ordinate Bench and hence, we allow this

appeal and set aside the impugned order dated 16th September,

2021 passed by the learned Single Judge in W.P.(C) No.27810 of

2021. It is open to the Respondent (the writ petitioner) to take all

steps so that the proceedings before the criminal court can be

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Sep-2023 19:20:50 expedited and the trial can be taken to its logical end at an early

date. The appeal is, therefore, disposed of.

7. An urgent certified copy of this order be issued as per rules.

(S. Talapatra) Chief Justice

(G. Satapathy) Judge SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Sep-2023 19:20:50