Orissa High Court
State Of Odisha And Another vs Joseph Barik on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 805 of 2021 and batch of Writ Appeals
1. W.A. No. 805 of 2021
State of Odisha and Another ....
Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Joseph Barik .... Respondent
None
2. W.A. No.490 of 2021
State of Odisha and another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Saishaba Kumar Mandal and another .... Respondents
None
3. W.A. No. 935 of 2021
State of Odisha .... Appellant
Mr. A.P. Das, Addl. Standing Counsel
-versus-
B. Nareen Kumar Reddy and Others .... Respondents
None
4. W.A. No.943 of 2021
State of Odisha .... Appellant
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Nikhil Mohan Bastia .... Respondent
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
5. W.A. No.286 of 2022
State of Odisha and Others .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Chittaranjan Jena .... Respondent
None
6. W.A. No. 659 of 2022
State of Odisha and Others .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Ranjan Kumar Mohanty .... Respondent
None
7. W.A. No. 681 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Sashi Sekhar Behera .... Respondent
None
8. W.A. No. 683 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Rabindranath Gochhayat .... Respondent
None
9. W.A. No. 685 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Sangram Keshari Mohanty .... Respondent
None
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
10. W.A. No. 691 of 2022
State of Odisha and Another .... Appellants
Mr. Rabi Narayan Mishra, Addl. Govt. Advocate
-versus-
Alekh Charan Sahoo .... Respondent
None
11. W.A. No. 831 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Dilip Kumar Patra and Another .... Respondents
None
12. W.A. No.1042 of 2022
State of Odisha and another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Ramesh Chandra Mishra .... Respondent
Mr. Sarada Prasad Dash, Advocate
13. W.A. No.1107 of 2022
State of Odisha and another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Pratap Keshri Malla .... Respondent
None
14. W.A. No.1127 of 2022
State of Odisha and another .... Appellant
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Bedambar Behera .... Respondent
Mr. Bigyan Sharma, Advocate
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
15. W.A. No. 1223 of 2022
State of Odisha and Others .... Appellants
Mr. M.K.Khuntia, Addl. Govt. Advocate
-versus-
Sisir Ranjan Prusty .... Respondent
Mr. T.K. Biswal, Advocate
16. W.A. No.1232 of 2022
State of Odisha and another .... Appellants
Mr. M.K.Khuntia, Addl. Govt. Advocate
-versus-
Amulya Kumar Tripathy .... Respondent
Mr. Tushar Kanta Nayak, Advocate
17. W.A. No.1239 of 2022
State of Odisha and another .... Appellants
Mr. M.K.Khuntia, Addl. Govt. Advocate
-versus-
Shishir Kumar Das .... Respondent
None
18. W.A. No. 1272 of 2022
State of Odisha and Others .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Manas Ranjan Sahoo .... Respondent
None
19. W.A. No. 1314 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Prasanta Kumar Das .... Respondent
Mr. Bigyan Sharma, Advocate
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
20. W.A. No.1346 of 2022
State of Odisha and another .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Umakanta Biswal .... Respondent
None
21. W.A. No.1347 of 2022
State of Odisha .... Appellant
Mr. M.K. Khuntia, A.G.A.
-versus-
Kali Charan Sadangi and another .... Respondents
None
22. W.A. No. 1365 of 2022
State of Odisha and Another .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Prasanta Kumar Malla .... Respondent
None
23. W.A. No. 1368 of 2022
State of Odisha and Another .... Appellants
Mr. M.K. Khuntia, Addl. Govt. Advocate
-versus-
Nalini Ranjan Mishra .... Respondent
None
24. W.A. No. 1460 of 2022
State of Odisha .... Appellant
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Umesh Chandra Moharana .... Respondent
Mr. S.K. Ojha, Advocate
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
25. W.A. No.1651 of 2022
State of Odisha and others .... Appellants
Mr. M.K. Khuntia, A.G.A.
-versus-
Krushna Chandra Dash .... Respondent
None
26. W.A. No. 1659 of 2022
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Ananga Bhima Deo .... Respondent
Mr. D.R. Bhokta, Advocate
27. W.A. No. 1733 of 2022
State of Odisha .... Appellant
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Pramod Kumar Sahoo .... Respondent
None
28. W.A. No. 1813 of 2022
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Dr. Rajat Ranjan Sadual .... Respondent
None
29. W.A. No. 257of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Aruna Kumar Rout .... Respondent
None
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
30. W.A. No. 343 of 2023
State of Odisha and Another .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Mahendra Kumar Sahoo .... Respondent
None
31. W.A. No. 345 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Brusava Kumar Pradhan .... Respondent
Mr. Manas Pati, Advocate
32. W.A. No. 395 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Apurba Kumar Patra .... Respondent
None
33. W.A. No. 505 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Pradyumna Kumar Parida .... Respondent
None
34. W.A. No. 511 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Biswa Bhusan Mohanty .... Respondent
None
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
35. W.A. No. 535 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Rajat Chandra Singh .... Respondent
Mr. D.R. Bhokta, Advocate
36. W.A. No. 536 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
B. Lileswar Rao .... Respondent
None
37. W.A. No. 567 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Janardan Bal .... Respondent
None
38. W.A. No. 596 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Dr. Malay Kumar Pradhan .... Respondent
Mr. Anjan Kumar Biswal, Advocate
39. W.A. No. 604 of 2023
State of Odisha and Others .... Appellants
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Niranjan Behura .... Respondent
None
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
40. W.A. No. 634 of 2023
State of Odisha .... Appellant
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Kanhu Charan Nayak .... Respondent
None
41. W.A. No. 677 of 2023
State of Odisha and Others .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Sunita Sahu .... Respondent
None
42. W.A. No. 731 of 2023
The Principal Secretary to Govt., Food, .... Appellant
Supplies and Consumer Welfare Dept.
Mr. A.P. Das, Addl. Standing Counsel
-versus-
Bijay Kumar Mohanty .... Respondent
None
43. W.A. No. 743 of 2023
State of Odisha and Another .... Appellants
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Rajkishore Ghadei @ Ghadai .... Respondent
None
44. W.A. No. 790 of 2023
State of Odisha .... Appellant
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Madhab Chandra Sarangi .... Respondent
None
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
45. W.A. No. 1266 of 2022
Commissioner-cum-Secretary, Works .... Appellant
Department
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Ambika Ballava Swain and Others .... Respondents
None
46. W.A. No. 125 of 2022
State of Odisha .... Appellant
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Srimanta Mishra .... Respondent
Mr. Upendra Kumar Samal, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE G. SATAPATHY
ORDER
Order No. 11.05.2023
02. 1. In all these writ appeals by the State of Odisha against the
corresponding orders of the learned Single Judge, a common
question arises for consideration viz. whether during the pendency of
a criminal case against the government servant in the Court of the
Special Judge (Vigilance), and notwithstanding exoneration of the
said employee in the departmental proceedings, could the learned
Single Judge have ordered grant of either ad hoc or regular
promotion to the government servant subject to the outcome of the
criminal proceedings?
2. One other common factor that requires to be noticed is that except
in W.A. No.596 of 2023 where the impugned order under challenge
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
was passed by the learned Single Judge after completion of pleadings
in the writ petition, in all the other appeals the impugned order under
challenge was passed by the learned Single Judge on the very first
date of hearing of the writ petition without an opportunity to the State
of Odisha to file its reply.
3. This Court has heard the learned counsel for the parties.
4. There is no dispute in that the criminal case involving the
Respondents in the present appeals is still pending before the Court
of the Special Judge (Vigilance) at various stages. In some cases,
even a charge sheet is yet to be filed and in other charges may or may
not have been framed; in certain other cases, trial is in progress.
5. Learned counsel appearing for the respective Respondents argue
that on account of the long years of the pendency of the criminal case
and with the impending prospect of many of the Respondents
superannuating in the immediate future, one equitable solution would
be for this Court to direct the Appellants (State of Odisha) to grant
them 'ad hoc' promotions. In support of such plea, reliance placed on
an interim order passed by this Court on 27th March, 2023 in W.A.
No.321 of 2022.
6. However, it is pointed out by Mr. Khuntia, learned Additional
Government Advocate (AGA) that in W.A. No.321 of 2022 the
Respondent had been exonerated in the departmental proceedings
and the report sent by the Special Judge, Vigilance to this Court
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
showed that the trial in T.R. Case No.50 of 2014 was progressing
very slowly with only three witnesses having been examined.
Accordingly, this Court in the said case directed the trial Court to
conclude the entire trial and deliver the judgment on or before 1st
August, 2023. It is in those circumstances that no interim order was
passed by the Diviion Bench staying the order of the learned Single
Judge. The said writ appeal has been directed to be listed on 10th
August, 2023.
7. Apart from the fact that the aformenetioned order is an
interlocutory one peculiar to the facts noted, as far as the present
batch of cases is concerned, departmental proceedings are still
pending in some and in all the cases criminal proceedings are
pending.
8. The Court has been shown a compilation of Office Memoranda
(OMs) and Notifications issued by the Government of Odisha from
time to time. These include OM dated 18th February 1994, 4th July
1995, 1st November 1997, 28th January 1999, 28th May 2012, 29th
April 2017 and 17th June 2021issued by the General Administration
Department. None of them envisages or permits grant of promotion
to a government servant either on regular or on ad hoc basis during
the pendency of a criminal case involving such government servant.
9. Further in terms of the law explained by the Supreme Court in
Union of India v. K.V. Janaki Raman (1991) 4 SCC 109, State of
Punjab v. Chamanlal Goel (1995) 2 SCC 570, the judgment of this
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
Court dated 5th October, 2016 in W.P.(C) No.19909 of 2015 (State of
Odisha v. Somanath Sahoo) and the judgment dated 26th April, 2017
in W.P.(C) No.22393 of 2015 (State of Odisha v. Anil Kumar Sethi),
there is no right of the government servant to be considered for
promotion during the pendency of either departmental proceedings or
criminal proceedings or both against such government servant.
10. The plea of the learned counsel appearing for the Respondents
that they should be granted at least one 'ad hoc promotion' is also
without any legal basis in light of the above OMs and the settled
position in law.
11. It is clarified that as and when the criminal proceedings end in
favour of the government servant by way of an acquittal and such
government servant also stands exonerated from the departmental
procewedings then notwithstanding the superannuation of such
government servant, the notional benefits attaching to the promotion
that is due to the government servant would be calculated and the
pension fixed accordingly.
12. In the light of the above orders of the Government, it is not
possible for this Court to sustain the impugned orders of the learned
Single Judge in the present cases directing the Appellants to grant
regular promotion to the Respondents even with the caveat that such
promotion would be subject to the outcome of the criminal case
against such government servant. The said impugned orders of the
learned Single Judge are accordingly hereby set aside.
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
13. It will of course be open to the Respondents to request the
criminal Courts concerned to expedite the proceedings and bring the
trials to an early conclusion.
14. The writ appeals are accordingly allowed, but in the
circumstances, with no order as to costs.
(Dr. S. Muralidhar)
Chief Justice
(G. Satapathy)
Judge
Signature Not Verified
Digitally Signed
Signed by: SANJAY KUMAR JENA
Designation: Secretary
Location: High Court of Orissa, Cuttack
Date: 14-May-2023 10:25:39
