Narayan Meher Vs State of Odisha

Challenging the order dated 27.04.2022 passed by the Additional Secretary to Government, Government of Odisha in Excise Department (Annexure-16), wherein the representation for the petitioner dated 25.01.2022 pursuant to the direction of this Court in W.P.(C) No.297 of 2022 has been rejected, the petitioner has approached this Court by way of filing this writ petition invoking provisions under Article 226& 227 of the Constitution of India with the following prayer (s):-

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“It is therefore prayed that your Lordships may graciously be pleased to admit the writ petition, issue notice to the Opp. Parties to show cause as to why;

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1. The Order bearing No.1898, dated 27.04.2022 passed by the Additional Secretary to Govt., Govt. of Odisha, Excise Department vide Annexure-16 shall not be set aside/quashed;

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2. They shall not be directed to grant ad-hoc promotion to the Petitioner from the date of his promotion without considering the pendency of the Disciplinary Proceeding;

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3. Further, they shall not be directed to conclude the Departmental Proceeding initiated vide the memorandum

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dated 29/10/2019 vide Annexure-6 as expeditiously preferably within a period of four weeks;

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And in the event, the Opp. Parties fail to show cause or show insufficient cause,

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1. The Order bearing No.1898, dated 27.04.2022 passed by the Additional Secretary to Govt., Govt. of Odisha, Excise Department vide Annexure-16 be set aside/quashed;

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2. They be directed to grant ad-hoc promotion to the Petitioner from the date of his promotion without considering the pendency of the Disciplinary Proceeding; 3. Further, they be directed to conclude the Departmental Proceeding initiated vide the memorandum dated 29/10/2019 vide Annexure-6 as expeditiously preferably within a period of four weeks;

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And may pass any other order(s), direction(s), relief(s) as deem fit and proper.

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And for such act of kindness, the petitioner shall as in duty bound ever pray.”

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Perused the record. This Court vide order dated 27.09.2023 directed the opposite parties to conclude the departmental proceeding within eight weeks and communicate the result to the petitioner. The said order is quoted hereunder:-

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“1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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2. The petitioner in this writ petition is primarily aggrieved for non-consideration of his case for promotion on the garb of pendency of departmental proceeding. Therefore, he seeks to set aside the departmental proceeding which has been initiated way back on 29.10.2019.

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3. Learned counsel for the Opposite Parties submits that the departmental proceeding is on and likely to be concluded within a period of two months.

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4. That be so, the matter is adjourned for eight weeks to enable the Opposite Parties to conclude the departmental proceeding and communicate the same to the petitioner.

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It is also made clear that the petitioner should cooperate with the departmental proceeding to curtail for the delay.

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5. List this matter on 04.12.2023.”

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3.1. This Court passed the following further order on 24.06.2024:-

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“2. Mr. Lalit Kumar Maharana, learned counsel for the petitioner referred to the order of this Court dated 27.09.2023, wherein this Court noting down the assurance given by the counsel for the opposite parties that the Departmental Proceeding is likely to be concluded within a period of two months, adjourned this matter to enable the Opposite parties to conclude the Departmental Proceeding. Mr. Maharana, learned counsel for the petitioner submitted that till date, no notice has been issued for contemplating proceeding with the Departmental Proceeding and during the pendency of this case, the petitioner has got retired on attaining the age of superannuation on 30.09.2023.

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3. Mr. S.N. Das, learned Additional Standing Counsel appearing for the opposite parties-State submitted that a letter containing the contents of order dated 27.09.2023 was communicated to the Authority concerned, but there is no response as yet. Since no response is received from the concerned Authority, even though around nine months have been elapsed, this Court takes serious view of the matter. However, as a last indulgence, the opposite parties are given opportunity to conclude the Departmental Proceeding by the next date and report compliance of order dated 27.09.2023.

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4. List this matter on 09.08.2024.”

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When the matter is taken up today, Mr. S.N. Das, learned Additional Standing Counsel appearing for the State-opposite parties submitted that the disciplinary proceeding has been concluded, to which Mr. Lalit Kumar Maharana, learned counsel for the petitioner has conceded.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel appearing for the State-opposite parties.

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In view of aforesaid submission made by the learned counsel for the respective parties, this Court directs the opposite

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party no.1-Disciplinary Authority to communicate the final orders passed in disciplinary proceeding to the petitioner within a week from today and in case the petitioner is aggrieved, he is at liberty to challenge the same before the appropriate forum in accordance with law.

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With the aforesaid observation and directions, the writ petition stands disposed of.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Aug-2024 18:25:09

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Narayan Meher v. State of Odisha

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Narayan Meher v. State of Odisha

Case brief

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