Orissa High Court
Sri Prakash Chandra Dehury vs State Of Odisha And Others on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24706 of 2023
Sri Prakash Chandra Dehury .... Petitioner
Mr. S.B. Mohanty, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application
as well as documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with
the following prayers:
"It is therefore prayed that, this Hon'ble court
may graciously be pleased:-
(i) To admit this Writ petition;
(ii) To direct the Opposite parties more
particularly Secretary, Department of
Forest & Environment and Principal Chief
Conservator of Forest, Bhubaneswar to
give promotion to the post of Forest Ranger
from his entitlement and due from the year
2016 as per G.A. Department Circular dtd.
// 2 //
4.7.1995 and consequential Judgment of the
Hon'ble Supreme Court rendered in the
case of Union of India by Tejender Singh
reported in 1991 and S.C.C.-129 and Rabi
Narayan Nanda -Vrs.- State reported in
2021 (I) ILR-CUT-619 regarding adhoc
promotion during pendency of the
Disciplinary Proceeding or Criminal
Proceeding and further direction be issued
to place his candidatures in the
Departmental Promotion Committee for
giving Promotion with retrospective effect.
And may pass such other
order(s)/direction(s) as deem fit and proper
in the interest of justice."
4. It is submitted by learned counsel for the Petitioner that
initially an inquiry was initiated against the Petitioner by the
Lokayukta. Initiation of such inquiry has been assailed by the
Petitioner before this Court by filing a writ petition. A coordinate
Bench of this Court has stayed such inquiry by the Lokayukta.
Learned counsel for the Petitioner further submitted that although a
DPC was convened, however, the case of the Petitioner for
promotion to the next higher rank has not been considered on the
ground that an inquiry has been initiated by the Lokayukta. Being
aggrieved by such inaction of the authorities in considering the case
of the Petitioner for promotion, the Petitioner has approached this
Court by filing the present writ petition for a direction to the
Opposite Parties to consider his case for promotion pending the
aforesaid inquiry which has been stayed by this Court in a different
writ petition.
5. Learned Additional Standing Counsel appearing for the State-
Opposite Parties, on the other hand, submitted that the DPC has not
taken into consideration the case of the Petitioner due to pendency of
// 3 //
the aforesaid inquiry by the Lokayukta. He further submitted that
subject to the result of the aforesaid inquiry, the authorities shall
consider the case of the Petitioner for promotion by convening a
review DPC. In such view of the matter, learned Additional Standing
Counsel submitted that the present writ petition is pre-mature and the
same is likely to be dismissed.
6. Having heard the learned counsels appearing for the respective
parties and upon a careful examination of the writ petition as well as
the documents annexed thereto, this Court is of the view that
nowhere in the service code there exists any provision which
prohibits consideration of the Petitioner's case for promotion to the
next higher rank in the event an inquiry is initiated by the Lokayukta.
Further, law is well settled that in the case the Petitioner is facing
either a departmental proceeding or any judicial proceeding, in such
cases, the authority may not consider the case of the Petitioner for
promotion moreover there are Circulars of the G.A. Department to
that effect indicating under what circumstances the prayer for
promotion to be considered by the Government and its agencies in a
case where the Government employee is facing either the disciplinary
proceeding or judicial proceeding. Therefore, this Court is of the
considered view that mere pendency of an inquiry by the Lokayukta
shall not stand on the way of the authorities to consider the case of
the Petitioner for promotion.
7. On perusal of the record, it is also appears that the Petitioner
has approached the authorities by filing representations to consider
his case for promotion in the year 2020.
8. Learned Additional Standing Counsel appearing for the State-
Opposite Parties in reply to that submitted that those representations
// 4 //
are of the year 2020. Further he also submitted that it is not known as
to whether such representations have been received by the authorities
or not. However, learned Additional Standing Counsel submitted that
in the event the Petitioner approaches the Opposite Party No.1 by
filing a fresh representation taking therein all the grounds along with
all supporting documents, he has no objection if this Court directs the
Opposite Party No.1 to consider the same strictly in accordance with
law within a stipulated period of time.
9. In such view of the matter, this Court thinks it proper to
dispose of the writ petition at the stage of admission by granting
liberty to the Petitioner to approach the Opposite Party No.1 by filing
a fresh representation taking therein all the grounds available to him
along with all supporting documents within a period of two weeks
from today before the Opposite Party No.1. In the event such
representation is filed, the Opposite Party No.1 shall do well to
consider the same strictly in accordance with law and keeping in
view the observation of this Court hereinabove and in the event it is
found that the Petitioner is otherwise eligible to be promoted to the
next higher rank, then a review DPC be convened by the Opposite
Parties within a period of three months form the date of
communication of a certified copy of this order by the Petitioner.
10. With the aforesaid observation and direction, the writ petition
is disposed of.
( A.K. Mohapatra)
Signature Not Verified Judge
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Debasis
Location: OHC CUTTACK
Date: 11-Aug-2023 16:27:44
