Orissa High Court
Chakradhar Mallick vs State Of Odisha & Others .... Opposite ... on 9 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.146 of 2024
Chakradhar Mallick .... Petitioners
Mr. Laxmikanta Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K.Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
09.01.2024
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the 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 that this Hon'ble Court
may graciously be pleased to issue notice to the
Opp.Parties calling upon them to file show cause as to
why:-
i) a direction shall not be issued to grant promotion to the
Petitioner to the post of Asst Mining Officer with effect
from 02.05.2022 with all service and financial benefits,
taking into consideration the order passed by the
Opp.Party No.2 dated 26.10.2023 as well as the judgment
passed by this Hon'ble Court in W.P.(C) No.21793 of
2021 dated 06.11.2023 under Annexure-5.
ii) And after hearing the parties be pleased to grant
promotion to the Petitioner to the post of Assistant
Mining Officer with effect from 02.05.2022 i.e. from the
date his juniors have been promoted with all service and
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financial benefits.
And pass any other order/orders, direction/directions as
this Hon'ble Court may deem fit and proper."
4. It is submitted by the learned counsel for the Petitioner that the
present Petitioner was appointed as Senior Inspector of Mines on
20.03.1992
which was subsequently redesignated to Junior Mining
Officer. While working as such, a Disciplinary Proceeding was
initiated by Opposite Party No.2 on certain allegations on
25.01.2018. While the Disciplinary Proceeding was pending against
the Petitioner, a DPC meeting was convened and in such DPC
meeting the case for promotion of the batch mates as well as Juniors
of the Petitioners were considered and they were promoted to the
post of Assistant Mining Officer with effect from 02.05.2022.
5. Learned counsel for the Petitioner further contended that
challenging initiation of Balasore Vigilance P.S.Case No.53 of 2009
some of the accused persons have approached this Court vide
CRLMP No.35 of 2022 for quashing of the aforesaid Vigilance case
A coordinate Bench of this Court on 18.02.2022 has been pleased to
quash the aforesaid Vigilance P.S Case in respect of those accused
persons. The Petitioner has also approached this Court by filing
application under Section 482 Cr.P.C. which is pending before this
Court. Further, learned counsel for the Petitioner submitted that
pendency of the vigilance case shall not stand as a bar for considering
the case of the Petitioner for promotion. In the aforesaid context,
learned counsel for the Petitioner further has referred to the
Judgment in Nihar Ranjan Choudhury v. State of Orissa and others
in W.P.(C) No.21793 of 2021 vide judgment dated 06.11.2023. In
such view of the matter, learned counsel for the Petitioner submitted
that the Opposite Party no.2 be directed to consider the representation
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of the Petitioner under Annexure-6 which is pending before the
Opposite Party no.2 within a stipulated period of time taking into
consideration the judgment of this Court.
6. Learned Additional Government Advocate on the other hand
contended that the Petitioner has not been given promotion due to
pendency of the aforesaid vigilance case. He further contended that
no ad hoc promotion on pending vigilance proceeding to be given to
the Petitioner in view of the judgment of this Court in W.A.No.805
of 2021. In such view of the matter, learned Additional Government
Advocate submitted that the Writ Petitioner is devoid of merit and
accordingly he same should be dismissed.
7. Having heard learned counsel for the respective parties, on
a careful examination of the background facts of the present case as
well as the materials on record, this Court found that the Disciplinary
Proceeding against the Petitioner has already been dropped on
26.10.2023. Further, it was observed that the Vigilance case which
has been initiated against the Petitioner was registered in the year
2009. Further, the record reveals that in the case of some of the co-
accused persons, a coordinate Bench of this Court has been pleased
to quash the F.I.R against those Petitioners, although the Petitioner
has filed a petition for quashing of the same, however the same has
not been taken up, this Court deems it proper to dispose of the Writ
Petition at the stage of admission by directing the Opposite Party
no.2 to consider the representation of the Petitioner under Annexure-
6 to the Writ Petition, if the same is still pending, in accordance with
law, by taking into consideration the judgment under Annexure-5 to
the Writ petition. Further, the Opposite Party no.2 shall do well to
dispose of the representation by passing a speaking and reasoned
order. Final decision so taken be communicated to the Petitioner
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within two weeks thereafter.
8. With the aforesaid observation, the Writ Petition stands
disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
