Orissa High Court
Padma Lochan Pradhan vs State Of Odisha & Anr. ..... Opposite ... on 9 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.12987 of 2025
Padma Lochan Pradhan ..... Petitioner
Represented By Adv. -
Sasibhusan Jena
-versus-
State Of Odisha & Anr. ..... Opposite Parties
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
09.05.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well
as learned Additional Govt. Advocate appearing for the State-
Opposite Parties. Perused the writ application as well as the
documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"Under the abovementioned facts and
circumstances of the case, this Hon'ble Court may
graciously be pleased to issue a writ of mandamus or
any other appropriate writ/writs by directing the
Opp.Parties to drop both the departmental proceedings
initiated against the petitioner vide memo no.239 dated.
19.8.2011 and D.P.No.955/Exe dated.25.3.2014 taking
into account the inquiry reports under Annexure-2 and 3
and the Judgment dated.5.12.2024 passed in Vigilance
Case i.e CTR Case No.03/2011 under Annexure-9
And further be pleased to direct the opp.parties to
open the sealed cover of the petitioner and grant him
promotion to the post of Deputy Superintendent of
Excise w.e,f. July 2021+ with all consequential service
and financial benefits.
Or pass any order/orders as case may be deemed
fit and proper in the interest of justice and equity."
4. It is stated by the learned counsel for the Petitioner that a
Disciplinary Proceeding was initiated against the present
Petitioner vide memo dated 19.08.2011 under Annexure-1. He
further contended that although inquiry was concluded and a
report has been submitted on 30.08.2013. However, no final
order has been passed by the Departmental Authority. Similarly,
he further contended that in respect of another Departmental
Proceeding against the Petitioner bearing D.P. Case No.255
dated 25.03.2014, the inquiry report was submitted on
20.09.2014. In the 2nd Departmental Proceeding also the inquiry
report has been submitted since 20.09.2014, however, no final
decision has been taken by the Departmental Authority. In such
view of the matter, learned counsel for the Petitioner contended
that both the Departmental Proceedings are liable to be quashed
on the ground of delay.
5. Learned counsel for the State on the other hand contended
that although she has no instruction in the matter, however, she
further submitted that in the event proceedings have not been
concluded, a last opportunity be provided to the Departmental
Authority to conclude the same as expeditiously as possible.
6. Taking into consideration the submissions made by the
learned counsels appearing for the parties, on a careful
examination of the background facts, further keeping in view the
fact that the inquiry report in both the Disciplinary Proceedings
has been submitted more than a decade ago, however, no final
order has been passed by Departmental Authority, such delay in
passing the final order by Departmental Authority shocks the
Judicial conscience. However, taking into consideration the
request of the learned counsel for the State, the Departmental
Authority-Opposite Party No.1 is granted four weeks' time, as a
last chance, to pass the final order. In the event no such final
order is passed on production of a certified copy of today's order
in the aforesaid time stipulation, then it will be deemed that the
proceedings have terminated in exoneration of the present
petitioner. Accordingly, necessary follow steps be taken by the
Opposite Parties.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 10-May-2025 17:26:26
