JAGANNATH DAS Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) XXX XXX XXX

(2.) In the counter affidavit filed on behalf of the opposite parties it has been stated that the Administrative Tribunal completed the inquiry against the petitioner on 3-4-1973 after receipt of the final explanation on 27-2-1973. It has, however, been stated that the petitioner was found suitable by the Public Service Commission for promotion on 3-3-1978 and not from 22-9-1976 as claimed by the petitioner. The order directing withholding of the promotion of the petitioner could not be implemented in time and it has been urged that there is no legal bar for implementing the same at later date. In short the opposite parties justify the action taken under Annexure 1 and according to them there has been no violation of any of the Rules.

(3.) The undisputed facts in this case are that the petitioner was appointed as an' Engineering Overseer and was redesignated as Sub-Asstt. Engineer in the Subordinate Engineering Service under the Orissa Service of Engineers' Rules, 1941. Charges were framed against the petitioner as well as against one, K. Behera, the then Block Development Officer, relating to erroneous measurement and check measurement of some test relief work and the same was enquired into by the Member, Administrative Tribunal. The said inquiry by the Tribunal was concluded some time in Jan., 1973 according to the petitioner or in March, 1973 as alleged by the opposite parties. The Administrative Tribunal in its report dated 20-7-1973 recommended to the Government to enter adverse remarks against the petitioner as well as against the said Block Development Officer in their Confidential Character Rolls. By Annexure 4 which is the same as Annexure F to the counter affidavit it was communicated by the Additional Secretary to the Government of Orissa P. and S. Department to the Secretary, C. D. that Sri Behera (B. D. O.) should be censured and the petitioner's promotion would be withheld for 2 years whenever due and found suitable. Admittedly the said order was not given effect to till 4-12-1979 when Annex. 1 was issued. In the mean time the petitioner was confirmed as Sub-Asstt. Engineer on 1-4-1974 and O. P. No. 2 nominated him under Rule 16 of the Orissa Service of Engineers' Rules, 1941 for promotion as Assistant Engineer. According to the counter filed by O. Ps., the petitioner was found suitable for promotion by the Public Service Commission on 3-3-1978. By Annexure 3, the petitioner along with 12 others were promoted to the rank of Assistant Engineer (Civil) and their services were placed at the disposal of the Chief Engineer (R. E. O.) for posting. The petitioner was placed in the first position among the said promotees. In pursuance of the order (Annexure 3), the petitioner joined as Assistant Engineer on 14-6-1978. The order of the Government in Annexure 2 is sought to be implemented by Annexure 1 dated 4-12-1979 which is about 11/2 years after the petitioner was promoted to the rank of Assistant Engineer.