MAHENDRA PRATAP Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Shri A.K. Mishra, Learned Senior Advocate for the Petitioner, Learned Addl. Government Advocate for the State and Learned Asst. Solicitor General for the Union of India. The Departmental Promotion Committee (for short 'D.P.C') considered promotion of the eligible I.P.S. officers to the grade of DIG of Police and made its recommendation on the basis of which, the Government of Orissa in General Administration Department issued promotion order of four I.P.S. Officers including the Petitioner vide Govt. Notification dated 21.1.2005. The said notification speaks as under: Government of Orissa General Administration Department NOTIFICATION Bhubaneswar dated the 20th January, 2005. No. AIS/II -3/2005 -2555/AIS.I. The following I.P.S. Officers are promoted to the grade of D.I.G. of Police with effect from the date of their joining against the promotional post.

(2.) THE above quoted notification shows that the posting of the promoted officers was to be decided by the Home Dept. Unfortunate, the Petitioner was not given any posting Subsequently, another DPC was held which recommended the promotion of the persons junior to the Petitioner to the grade of D.I.G. The Govt. of Orissa in the General Administration Department accepted the recommendation of the DPC and issued another Notification on 13.05.2005 promoting Shri B.P. Mohapatra, and Shri Debasis Panigrahi to the grade of DIG of Police with similar observation that the places of posting would be decided by the Home Department. The Home Department accordingly issued posting orders to the above persons, to the grade of DIG, but still did not issue any posting order in favour of the Petitioner.

(3.) A counter affidavit has been filed on behalf of the State of Orissa and a short reply on behalf of the Union of India has also been filed. In the counter affidavit, it has been mentioned that since the Government of Orissa in G.A. Department had notified that promotion to the rank of DIG would be effective on and from the date of his joining and he having not joined as D.I.G. it can be inferred that he has not been promoted. In so far as not giving any posting order to him, the reason assigned is that there was Rail Roko agitation on 7.2.2005, but the Petitioner had gone to the Border Co -operation meeting at Vishakapatnam and remained absent from the headquarters without permission. As such ,the Home Department has initiated a departmental proceeding against him. However, it has been mentioned that the I.G. of Police, Railway.Orissa has sent a reply to the Petitioner and to State Police Headquarters vide his letter No. 121/Con. Railways, dated 27.4.2005, in which he has irresponsibly justified the journey of Petitioner to Vishakapatnam.