SAMIR KUMAR RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present writ petition is at the instance of one Samir Kumar Ray, a judicial officer of the State. He has prayed inter alia to :

(2.) IT is stated in the writ petition that at the time of presenting the writ petition the petitioner was serving as an officer in the cadre of Orissa Judicial Service, Class -I (Junior). Briefly stated, the facts are that the petitioner was appointed as a Munsif on probation in Orissa Judicial Service, Class -II on 9 -1 -1981 and he joined the post on 27 -1 -1981. He was confirmed in the said post on 27 -1 -1983. On or about 29 - - 988, a disciplinary proceeding bearing No. 3 of 1988 was initiated against the petitioner and he was placed under suspension pending such proceeding. it is alleged that during this period adverse remarks were entered in the CCR of the -petitioner which were belatedly communicated to him. The petitioner made representations for expunging the adverse remarks in his CCR and ultimately visited the writ Court by filing OJC No. 5908 of 1991. The said writ petition was disposed of in terms of the Judgment dated July 15, 1992. It transpires from the said Judgment that communication of adverse entry in the CCR of the petitioner for the year 1987 in 1990 after lapse of three years is itself bad in Saw and is liable to be expunged on that score. Considering the submissions of both sides, the Division Bench disposing of the said writ application ultimately recorded :

(3.) THE petitioner's main grievance in the present writ petition is that although he has been promoted and the previous adverse entries have lost all significance, yet his seniority has not been restored and his juniors being promoted while the disciplinary proceeding was pending against him have superseded him. There is further challenge as to determination of inter se seniority of the petitioner vis -a -vis opp. parties 3 to 42.