Orissa High Court
Ragunath Misra vs State Of Odisha And Others ..... ... on 15 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31939 of 2024
Ragunath Misra ..... Petitioner
Represented By Adv. -
Mr. Prasanta Kumar
Mishra
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Smt. Sasmita Nayak,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
15.04.2025
Order No.
03. 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 petition as well
as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
"In view of the facts and circumstances stated
above, it is prayed, therefore, that this Hon'ble
Court may graciously be pleased to;
(i) Direct the O.P. No.1 to promote the petitioner to
the rank of Deputy Executive Engineer (C) in Minor
Irrigation Cadre w.e.f. 31.05.2019 i.e. the date of
promotion of his immediate Junior Sri Manoj
Kumar Patnaik with all service & Financial benefits
by opening the Sealed cover if adopted or if sealed
cover procedure was not adopted, direct the O.P.
No.1 to consider his promotion to the rank of
Deputy Executive Engineer (C) in Minor Irrigation
Cadre w.e.f. 31.05.2019 by convening a review
D.P.C. and to grant him promotion to the said rank
with effect from 31.05.2019 with all service and
financial benefits as stipulated in G.A. Department
O.M. dated 18.02.1994 r/w 01.11.1997 under
Annexures- 3 and 4 and as per direction/order
dated 10.01.2022 of this Hon'ble Court under
Annexure-8 within a stipulated period of time and;
(ii) Further be pleased to direct the O.P. No.1
consider and grant promotions to the ranks E.E. (C)
w.e.f. 05.01.2021 and S.E. (C) w.e.f. 22.12.2022 i.e.
the dates of promotions of his immediate Junior Sri
Manoj Kumar Patnaik, S.E. (C) by convening
review D.P.Cs with all service and financial
benefits within a stipulated period of time.
(iii) Pass such other order (s), direction (s) as deem
fit and proper to the facts and circumstances of the
case to give complete relief to the petitioner."
4. It is stated by the learned counsel for the Petitioner that, while
the Petitioner was working as Assistant Executive Engineer (Civil), he
was entangled in a vigilance case. Accordingly, a disciplinary
proceeding was also initiated against the present Petitioner. He further
contended that in the disciplinary proceeding, the Petitioner was
exonerated vide order dated 29.09.2018 under Annexure-1 to the writ
petition. Thereafter, the Petitioner approached this Court by filing a
writ petition bearing W.P.(C) No.40675 of 2021 for granting benefit of
promotion during pendency of the vigilance case. A coordinate Bench
of this Court vide order dated 10.01.2022 passed in W.P.(C) No.40675
of 2021, directed the Opposite Parties to give promotion to the
Petitioner by opening a sealed cover and such promotion shall be
subject to the terms and conditions as mentioned in order dated
10.01.2022. Learned counsel for the Petitioner, at this juncture, further
contended that in the meantime the Petitioner has been acquitted in the
vigilance case vide judgment dated 19.04.2022 passed in G.R. Case
No.31 of 2015(V)/T.R. No.24 of 2017 by the learned Special Judge
(Vigilance), Berhampur, Ganjam, under Annexure-9 to the writ
petition.
5. Learned counsel for the Petitioner, at this juncture, contended
that since the Petitioner has been exonerated in the disciplinary
proceeding and in the meantime he has already been acquitted in the
vigilance case in view of the judgment under Annexure-9 to the writ
petition, the Petitioner is entitled for promotion as is due and
admissible, keeping in view the Memorandum under Annexures-3 and
4 issued by the G.A. & P.G. Department, Government of Odisha.
Accordingly, the Petitioner approached the Opposite Party No.3 by
filing a representation on 20.05.2024 under Annexure-10 to the writ
petition. Finally, the Opposite Parties have given promotion to the
Petitioner vide Notification dated 23.02.2024 under Annexure-13 to the
writ petition. Further, referring to the Notification under Anneuxre-13,
learned counsel for the Petitioner contended that the Petitioner has been
given promotion to the post of Executive Engineer (Civil)
prospectively, i.e. from the date of Notification dated 23.02.2024.
Learned counsel for the Petitioner, at this juncture, contended that
although in the meantime several DPCs were convened and the
batchmates and juniors to the Petitioners have been given promotion
and the case of the Petitioner was considered by such DPC by
following the sealed cover procedure, however, the Petitioner has been
erroneously given promotion to the post of Executive Engineer (Civil)
prospectively. Being aggrieved by such conduct of the Opposite
Parties, the Petitioner has approached this Court by filing the present
writ petition. Learned counsel for the Petitioner further referring to the
O.M. of the G.A. & P.G. Department, Government of Odisha under
Annexures-3 and 4 writ petition, further contended that the case of the
Petitioner is required to be considered by the Opposite Parties in terms
of such memorandums. He further submitted that in respect of similarly
placed employees, the Government has already taken decision and by
virtue of Notification under Annexures-15 and 16 they have been given
all promotional benefits from the date they are entitled to such
promotion along with their batchmates. Therefore, learned counsel for
the Petitioner has raised the plea of arbitrary conduct on the part of the
Opposite as well as discrimination that has been done in the case of the
Petitioner. On such ground, learned counsel for the Petitioner
contended that the Opposite Parties be directed to consider the case of
the Petitioner for his promotion from the date of the Petitioner is
entitled to keeping in view the seniority of the Petitioner and further
keeping in view the order dated 10.01.2022 passed by this Court in the
earlier writ petition bearing W.P.(C) No.40675 of 2021 under
Annexure-8 to the writ petition.
6. Learned counsel for the State, on the other hand, contended that
considering the fact that the Petitioner was exonerated in the
disciplinary proceeding and that he was acquitted in the criminal case,
he was given promotion by virtue of Notification dated 23.02.2024
under Annexure-13 to the writ petition. She further submitted in the
event the Petitioner still has some grievance, then he may approach the
Opposite Parties for redressal of such grievance in accordance with
rules and the applicable law.
7. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
factual background of the present case, further taking note of the fact
that the Petitioner has been exonerated in the disciplinary proceeding
and that he has also been acquitted in the vigilance case in view of the
judgment dated 19.04.2022 under Annexure-9 to the writ petition, 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
under Annexure-14 Series by taking into consideration the fact that no
proceeding either disciplinary or a judicial is pending against the
present Petitioner. Further, there was a direction by a coordinate Bench
of this Court under Annexure-8 to the writ petition and, accordingly,
the case of the Petitioner be considered in terms of the order passed by
the coordinate Bench in the earlier writ petition within a period of four
weeks from the date of communication of a certified copy of this order.
It is further directed that if there is no other legal impediments, the
direction of this Court in earlier writ petition dated 10.01.2022 be
carried out by the Opposite Parties in its letter and spirit.
8. With the aforesaid observation and direction, the writ petition
stands disposed of.
( A.K. Mohapatra )
Judge
Debasis
