BIRANCHI KUMAR AICH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner who was a Judicial Officer being aggrieved by his non -promotion to the rank of Subordinate Judge has filed this Writ Petition praying for a direction to the Opposite Party Nos. 1 and 2 to promote him to the rank of Subordinate Judge with consequential benefits.

(2.) THE brief facts of the case are that the Petitioner was appointed as a temporary Munsif and was posted as Additional Munsif in the Judgeship of Balasore vide notification dated 12.9.1975, Thereafter he was appointed substantively in the rank of Munsif with effect from 2.8.1980 vide notification dated 26th of July, 1985. Other Munsifs junior to him were given promotion as Subordinate Judge in the years 1987 and 1988 but he was not promoted. He moved a representation on 5.4.1989 but the same was rejected by the High Court. However, subsequently in the year 1991 he was given promotion to Orissa Judicial Service Class -I. He has prayed for his retrospective promotion with effect from the date his juniors were given promotion.

(3.) CONSIDERING the above mentioned facts and circumstances, it cannot be said that the Petitioner was having spotless service record. A Judicial Officer has to maintain integrity throughout and to follow judicial discipline. But the adverse entries in his C.C.R. and consideration of his promotion by the Standing Committee of the High Court shows that due to adverse entries in his C.C. Rs. he was not found fit for promotion. However, later on when he was found fit for promotion he was duly given promotion to Orissa Judicial Service Class -I.