Orissa High Court
Ashok Kumar Biswal vs State Of Odisha & Another on 2 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13676 of 2023
Ashok Kumar Biswal .... Petitioner
Mr.S.K.Dash, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr.Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 02.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr.S.K.Dash, learned counsel appearing for the Petitioner
and Mr.S.Das, learned Additional Government Advocate. Perused the
Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed with the following
prayer :
"It is, therefore, prayed by the Petitioner that this
Hon'ble Court may graciously be pleased to admit the writ
application and issue a RULE NISI, calling upon the
Opposite Parties, particularly the Opposite Party no.1, to
show cause as to why appropriate direction shall not be
issued for opening the 'sealed cover' and to implement the
recommendation of the Departmental Promotion Committee
held on 22.05.2018, by extending promotion from the rank
of OFS-Gr-B to OFS-Gr-A (Junior Branch), in favour of the
Petitioner with effect from the date of promotion of his
immediate junior, for all practical purposes including
disbursement of differential amount of pay and other
allowances within a stipulated time and on their failure to
show cause and/or on showing insufficient cause, the said
RULE may be made absolute and the Opposite Party no.1
may be directed to open the 'sealed cover', to effectuate the
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promotion on the strength recommendation of the
Departmental Promotion Committee held on 22.05.2018
with effect from such date as juniors to the Petitioner got it
and further disburse the differential pay and allowance
within a reasonable time to be fixed in that behalf and/or
may further be pleased to pass such other or further
order(s), as it may deem fit and proper in the facts and
circumstances of the case."
4. It is submitted by the learned counsel for the Petitioner that
pending finalization of Disciplinary Proceeding and Vigilance
Proceeding the case of the Petitioner was considered for promotion to
the rank of Assistant Conservator of Forest by the D.P.C. meeting
which was held on 22.05.2018. The D.P.C. after considering the case of
the Petitioner kept the recommendation in a sealed cover by following
the sealed cover procedure. Thereafter, on 12.05.2021 the disciplinary
proceeding was dropped against the Petitioner. After closure of the
disciplinary proceeding the Petitioner appeared in the Vigilance Case.
After the trial was concluded the Petitioner was acquitted in CTR Case
No.40/288 of 2008-2016 by the learned Special Judge, Vigilance,
Sundargarh vide judgment dated 25.03.2023. Mr.Dash, learned counsel
for the Petitioner further submitted that after conclusion of both
Disciplinary Proceeding as well as the Vigilance Proceeding, the
Petitioner, who was eligible to get promotion as recommended by the
D.P.C. and such promotion was to be given by opening the sealed cover
method has not been done so far. Accordingly, the Petitioner
approached the authority by filing a representation on 27.03.2023 to
open the sealed cover and effectuate promotion as has been
recommended by the D.P.C.
5. Mr.Das, learned Additional Government Advocate on the other
hand submitted that since the Vigilance case was terminated in favour
of the Petitioner vide judgment dated 25.03.2023 and thereafter, the
Petitioner has approached the authority on 27.03.2023 by filing a
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representation. He submitted that the authority needs some time to take
a decision on the representation of the Petitioner keeping in view the
result of the Disciplinary Proceeding and Vigilance Proceeding.
Therefore, the learned Additional Government Advocate submits that
in the event some more time is granted to the authority then the
representation of the Petitioner shall be considered and the established
procedure for opening of sealed cover promotion shall be given to the
Petitioner with consequential benefit as is due and admissible to the
Petitioner.
6. Considering the submission made by the learned counsel for the
respective parties and further keeping in view the development as has
been narrated hereinabove, this Court deems it proper to dispose of the
Writ Petition by directing the Opposite Party No.1 to consider the
representation of the Petitioner dated 27.03.2023 under Annexure-4
within a period of four weeks from the date of communication of the
order by the Petitioner. Further, it is directed that in the event there is no
other legal impediments the Petitioner shall be given promotion as has
been recommended by the D.P.C. which has been kept in sealed cover
within the aforesaid stipulated time.
7. With the aforesaid observation, the Writ Petition stands disposed
of.
RKS ( A.K. Mohapatra )
Judge
