Orissa High Court
Pramoda Kumar Sahoo vs State Of Odisha And Anr. .... Opposite ... on 26 October, 2021
Author: B.R. Sarangi
Bench: B.R. Sarangi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 33010 of 2021
Pramoda Kumar Sahoo .... Petitioner
Mr. .P.K. Mishra, Adv.
-Versus -
State of Odisha and Anr. .... Opposite Parties
.
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
26.10.2021 Order No. This matter is taken up through hybrid mode.
012. Heard learned counsel for the parties.
3. The petitioner has filed this application seeking direction to the opposite parties to give him promotion to the post of Regional Transport Officer of OTES Cadre from 28.09.2013, i.e., the date from which his immediate juniors got such promotion, and to grant all consequential service and financial benefits including further promotion within a stipulated time.
4. Moot question involves if a promotion of employee can be withheld for indefinite period on the premises of pendency of vigilance proceeding over a period of decades.
5. This Court considering such situation has already settled the position of law keeping the sealed cover promotion aspect in view of pendency of the Disciplinary Proceeding and/or Vigilance Proceeding for decades becomes bad.
Page 1 of 36. Fact involving the case reveals that there are two disciplinary proceedings pending against the petitioner and two vigilance proceedings pending in the court of Special Judge, Vigilance, Bhubaneswar in T.R. Case No.43 of 2001 arising out of Bhubaneswar Vigilance P.S. Case No.15 of 1998 and TR Case No. 37 of 2017 arising out of Bhubaneswar Vigilance P.S. Case No. 69 of 2010. Involving the allegation against the petitioner, it appears the Vigilance Proceedings are initiated in the year 1998 and 2010, but charge-sheets involving the Vigilance cases were submitted in the year 2001 and 2017 respectively. However the said vigilance cases were yet to be disposed of. Pleading also further made clear that two disciplinary proceedings are pending against the petitioner on the same allegations. In this background of case an allegation is made that promotion of the petitioner taking effect in the year 2013 has been kept in sealed cover only on the premises that the vigilance proceedings and disciplinary proceedings involving the petitioner are pending since 2001. For the settled position of law, this Court in disposal of the writ petition observes, petitioner cannot suffer for the long pendency of the vigilance proceeding. It is also not known when the Vigilance Proceeding initiated in the year 1998 & 2010 will come to end. It is keeping in this view, this Court in disposal of the writ petition directs the Principal Secretary to Govt. of Odisha, Commerce and Transport (Transport) Department-O.P. No.1 and to give promotion to the petitioner to the rank of R.T.O. of OTES Cadre from the date of his juniors and batchmates got such promotion. However the Page 2 of 3 promotion of the petitioner as per direction of this Court shall be subject to the ultimate outcome in the Vigilance Proceeding. Further it is also clarified that the promotion given to the petitioner to the rank of R.T.O. of OTES Cadre shall not confer equity in the event, he will ultimately lose the Vigilance Proceedings. Entire exercise shall be completed within four weeks from the date of communication of this direction. It is also clarified that upon promotion, petitioner shall also be entitled to all consequential benefits.
7. Writ the above observation, the writ petition thus stands disposed of.
Issue urgent certified copy as per rules.
Alok (Dr. B.R. Sarangi)
Judge
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