LADUKESWAR PRASAD MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India inter alia seeking writ against the Opposite Parties to consider to give promotion to him to the cadre senior clerk/Head Clerk and to grant him all consequential service benefits. The Petitioner is facing a criminal prosecution initiated in the year 2010, therefore, although DPC has recommended his case for promotion but sealed cover procedure has been adopted owing to the pendency of the criminal prosecution against him. There is a disciplinary proceeding initiated by the department against him on 23/11/2010.

(2.) The said Writ Petition indeed was heard at length on 3/9/2021. The Coordinate Bench of this Court after hearing both parties was pleased to allow the Writ Petition. Relevant is to reproduce the order dtd. 3/9/2021 passed by learned Single Judge :-

(3.) The Opposite Parties preferred intra-court Appeal against the judgment of the Coordinate Bench dtd. 3/9/2021 being W.A. No.701 of 2022 contending therein that they were not given opportunity to file counter and contest the Writ Petition. The Division Bench of this Court was pleased to allow the Writ Appeal, set aside the order of the learned Single Judge and remanded the matter back to the learned Single Judge to decide afresh by giving opportunity to the Opposite Parties to file counter affidavit. The Division Bench also was pleased to fix time line for filing reply by the Opposite Party by 3/7/2023 and allowed the Writ Petitioner to file rejoinder before 17/7/2023. Relevant is to quote the order of the Division Bench dtd. 27/3/2023:-