Orissa High Court
Basanta Kumar Nayak vs State Of Odisha And Another .... ... on 31 August, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29000 of 2021
Basanta Kumar Nayak .... Petitioner
Mr. Bijaya Kumar Dash, Advocate along with
Mr. S. Dash, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr.Arnav Behera, ASC
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
03. 31.08.2024
This matter is taken up through Hybrid Mode.
2. Mr. Bijaya Kumar Dash, learned counsel for the petitioner submitted that when there is a delay in conclusion of vigilance case and a disciplinary proceeding, the petitioner should not be prejudiced and is entitled for being considered for promotion to a higher rank. In this respect, Mr. Dash, learned counsel for the petitioner has placed reliance on Nihar Ranjan Choudhury vs. State of Odisha and another (W.P.(C) No.21793 of 2021 vide judgment dated 06.11.2023 rendered by a Single Judge of this Court distinguishing the Division Bench decision of this Court in State of Odisha & Another vs. Joseph Barik; 2023 (II) ILR-CUT 361. In such view of the matter, he prayed to allow this writ petition.
3. Mr. Arnav Behera, learned Additional Standing Counsel seeks short accommodation to examine the effect of said decisions Page 1 of 2 on the present circumstances. He, however, did not dispute the fact that the case of the petitioner was referred to DPC for consideration.
4. List this matter on 06.09.2024.
(M.S. Raman) Judge Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Page 2 of 2 Date: 02-Sep-2024 14:01:32