MITRA MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The short point that arises for consideration in the present writ application is, can an employee be denied promotion on the ground of pendency of a criminal proceeding?

(2.) Bereft of unnecessary details, the facts of the case are that the petitioner was appointed as a Lecturer in History on 1/11/1988 by the Management of Balasore Mahila College (+3 wing) and was subsequently transferred and posted at Soro Women's College, Soro. On 14/11/2015 the Principal-cum-Secretary of Balasore Mahila College submitted the CCRs of 3 Lecturers, including that of the petitioner to the Director, Higher Education, Odisha for consideration of their cases for placement in Lecturer Grade A and State Scale under the Placement Rule, 2014. The Director, after scrutiny, published a report of the colleges of whom CCRs of employees, other documents etc. were not furnished. The name of Balasore Mahila College was mentioned in the said list but the petitioner's name was not indicated. On enquiry, the petitioner came to know that the higher scale had not been granted to her because of pendency of a Vigilance case against her. Further, the opposite party No.3, who is junior to the petitioner, was granted higher scale and State Scale w.e.f. 4/6/2001 and 4/6/2011. It is the case of the petitioner that mere pendency of a criminal case cannot be a bar to grant higher scale of pay to an employee. On such facts the petitioner has filed the instant writ petition seeking the following relief:

(3.) A Preliminary counter affidavit has been filed by the Opposite Party No. 1. It is basically stated in the affidavit that the petitioner could not submit necessary vigilance clearance as required under the Rules. Further, upon information submitted by the Principal of Balasore Mahila College it is ascertained that Balasore Vigilance P.S. Case Nos.57 dtd. 28/12/2015 and 7 dtd. 16/2/2018 are pending against the petitioner. That apart, the S.P., Vigilance, Balasore by his letter dtd. 25/2/2016 has informed that the charges against the petitioner are serious in nature. Therefore, having regard to the provision under Rule-6 of the Odisha Non-Govt. Aided College Lecturers Placement Rules, 2014 (in short "Placement Rules, 2014"), it is not permissible to grant the relief claimed by the petitioner.