GOPABANDHU BISWAL Vs. CHAIRMAN CUM MANAGING

JUDGEMENT

(1.) PETITIONER calls in question legality of order 0 -4 -1993 (Annexure -3) passed by the Chairman -com -Managing Director of the Orissa Mining Corporation Ltd. (hereinafter referred to; as 'Corporation') directing his reversion to the post of Senior Assistant.

(2.) CHALLENGE is made inter alia in the following background; Petitioner joined the Corporation as Lower Division Clerk in the year, 1974 and subsequently promoted as, Senior Assistant. On 8 -7 -1990 Departmental Promotion Committee (in short, 'DPC') was constituted to consider cases of employee's for promotion to the post of Junior Administrative Officer. At that point of time six vacancies existed. Procedure of promotion is laid down in The Orissa Mining Corporation Recruitment and Promotion Rules, 1976 (in short, 'Rules'). Rule 5(9)defines a 'Promotion Committee' to mean as follows: 5. ............. (g) 'Promotion Committee means any Promotion Committee constituted by the Board of Directors or by the Chairman for the purpose of selecting candidates for promotion to , posts. In the service of the Corporation.' Cases of fifteen employees were considered. A select list was prepared as required under the Rules. D. P. C. recommended names of five persons under Unreserved category and one Scheduled Tribe candidate under Reserved category. Thus six persons were promoted. While the position stood thus by Office Order dated 6 -9 -1990 (Annexure -1) petitioner was promoted to the post of Junior Administrative Officer. Subsequently by the impugned order, reversion has been directed.

(3.) STAND of the Corporation is that promotion of petitioner to the post of Junior Administrative Officer by Officer Order dated 6 -9 -1990 was wholly in violation of prescriptions in the Rules. The D. P. C. had not recommended petitioner in 1990 and promotion can only be given only on the basis of recommendation made by D. P. C. That being the undisputed position petitioner cannot claim any equity, particularly when he has already been promoted to the post of Assistant Manager which was earlier designated as Junior 'Administrative Officer by Order dated 27 -02 -1993. Petitioner has not joined on Untenable grounds in spite of order of promotion, taking the stand that matter is subjudice. Such act is clearly an act of misconduct because no stay was granted, when this Court took up the matter for consideration on 13 -5 -1993.