ANANTA KUMAR PADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India inter alia seeking writ against the Opposite Parties to consider for giving promotion to him to the post of Inspector in view of the order dtd. 17/8/2021 passed by this Court in W.P.(C) No.22337 of 2021, Malaya Kumar Panda Vs State of Odisha and another. The Petitioner is facing a criminal prosecution initiated in the year 2014, therefore, although DPC has recommended his case for promotion but sealed cover procedure has been adopted owing to the pendency of the criminal prosecution against him. The disciplinary proceeding was initiated by the department against him in the year 2015.

(2.) The said Writ Petition indeed was heard at length on 3/9/2021. The Coordinate Bench of this Court after hearing both parties was pleased to allow the Writ Petition. Relevant is to reproduce the order dtd. 3/9/2021 passed by learned Single Judge :-

(3.) The Opposite Parties preferred intra-court Appeal against the judgment of the Coordinate Bench dtd. 3/9/2021 being W.A. No.490 of 2022 contending therein that they were not given opportunity to file counter and contest the Writ Petition. The Division Bench of this Court was pleased to allow the Writ Appeal, set aside the order of the learned Single Judge and remanded the matter back to the learned Single Judge to decide afresh by giving opportunity to the Opposite Parties to file counter affidavit. The Division Bench also was pleased to fix time line for disposal of the Writ Petition by giving opportunity to the Respondent-Opposite Parties. Relevant is to quote the order of the Division Bench dtd. 27/3/2023:-