ASWINI KUMAR RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed seeking a direction to the opposite parties to appoint the petitioner as a Special Judicial Magistrate.

(2.) The facts and circumstances giving rise to the case are that the petitioner was appointed as Junior Clerk in the District Court, Keonjhar. He was promoted as a Senior Clerk. Subsequently by the order of the learned District and Sessions Judge, Keonjhar dated 12-10-2004, the petitioner stood promoted to the post of Head Clerk. In the year 2000 in exercise of the power conferred by the proviso of Section 13 of the Code of Criminal Procedure, 1973, this Court framed rules, namely, Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 (hereinafter called the 'Rules, 2000') and the same were enforced. Posts of Special Judicial Magistrate were advertised and in pursuance thereto, petitioner also applied. His candidature was considered and his name was included in the panel. However, he had not been offered the appointment. Hence this petition for seeking a direction for appointment as a Special Judicial Magistrate.

(3.) Mr. Mohapatra, learned counsel appearing for the petitioner submits that in spite of the fact that the petitioner had been found eligible and his name has been included in the panel, he has been deprived of his legitimate claim of appointment as Special Judicial Magistrate. Therefore, such action of the opposite parties is arbitrary and unreasonable. Therefore, the petition deserves to be allowed.