An Inspector of Police denied promotion to Deputy Superintendent of Police due to a confirmed 'black mark' punishment was placed in the eligible list by the I.G. of Police. The court permitted him to submit a representation and directed the authorities to consider his promotion per Rule 837 and the eligible list.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.40667 of 2023
Pravash Chandra Sahu …. Petitioner
Mr. Satyabrata Mohanty, Advocate
-versus-
…. State of Odisha and Others Opposite Parties Mr. Sailaza Nandan Das, Additional Standing Counsel
…. Opposite Parties
CORAM:
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. 03.
ORDER 06.09.2024
This matter is taken up through Hybrid Mode.
3.1. He continued to submit that a Disciplinary Proceeding was initiated against him, which culminated in award of punishment of “one black mark” for negligence in duty vide order dated 24.07.2018 with respect to the incidents of 2013. The said punishment got confirmed by the Appellate Authority and the appellate order being carried to this Court in W.P.(C) No.34170 of 2020, no indulgence was shown vide Judgment dated 26.04.2024.
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3.2. It is also submitted before this Court that a petition being CRLMC No.66 of 2023 was filed to quash criminal proceeding initiated against the petitioner in ICC Case No.12 of 2003, wherein legality of such proceeding was questioned. While disposing of said CRLMC, this Court passed the following Order on 04.05.2023:
2. Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State and learned counsel for Opposite Party No.2.
3. Though the CRLMC was filed with a prayer to quash the order of cognizance dated 25th August, 2002 passed by learned J.M.F.C., Khariar in I.C.C. No.12/2003, yet Mr. D.P.Dhal, learned Senior counsel for the Petitioner submits that the Petitioner would be satisfied if an order is passed directing the Court below to expedite the trial.
4. Having regard to the submissions as above as also the fact that the case is of the year, 2003, the CRLMC is disposed of directing the Court below to make an effort to dispose of the case as early as possible preferably within a period of four months.
5. Urgent certified copy of this order be granted on proper application.”
3.3. Sri Satyabrata Mohanty, learned Advocate strenuously put forth that in a similar circumstances where a colleague of the petitioner was proceeded with for self-same allegation in G.R. Case No.98 of 2023 (Trial No.14 of 2017), he was acquitted vide Judgment dated 26.06.2019 of the learned J.M.F.C., Sinapali.
3.4. Thus, being the factual matrix, Sri Satyabrata Mohanty, learned counsel submitted that the petitioner should not have been deprived of enjoying the fruits of promotional post in the rank of Deputy Superintendent of Police.
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3.5. Sri Satyabrata Mohanty, learned counsel produced before this Court a copy of letter No.D-1-2024/36845/Board, dated 27.08.2024 issued by the I.G. of Police (Personnel), Odisha, Cuttack, wherein the petitioner is found eligible for promotion and is placed at serial no.12 in the “LIST OF ELIGIBLE INSPECTOR AS PER ZONE OF CONSIDERATION”. Sri Satyabrata Mohanty, learned counsel, hence, vehemently contended that due to pendency of this writ petition, the benefit of promotional avenue may not be enured to the petitioner; rather he may be allowed to submit a representation indicating the factual position as well as the aforesaid letter dated 27.08.2024 and he prays for a direction to the Authorities to consider his case for promotional post in the rank of Deputy Superintendent of Police.
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affirmed by the appellate authority has not been shown indulgence by this Court in writ petition No.34170 of 2020.
“Black mark shall remain permanently on record as per Rule 837(1) of the PMR.”
The punishment of black mark is taken as adverse for five years from the date of issuance of the order the rank of DSP vide notification dated 29.01.2021 despite of award of major punishment by the Disciplinary Authority.”
Referring to such admitted position, Sri Satyabrata Mohanty, learned counsel urged that since punishment of “one black mark” has been awarded, the same remains for five years which has already lapsed. He, therefore, pressed into service Rule 837 of the Odisha Police Manual, which reads thus:
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these rules, the order shall contain a warning to that effect.”
The authorities concerned, being conscious of such provision read with notification dated 29.01.2021, have placed the petitioner at serial No.12 in the LIST OF ELIGIBLE INSPECTORS AS PER ZONE OF CONSIDERATION vide letter dated 27.08.2024 (Copy of which has been produced before this Court enclosing with a memo). 7. In such view of the matter, no fruitful purpose would be served in keeping this writ petition pending. Therefore, this Court permits the petitioner to approach the Authority concerned with comprehensive representation enclosing the letter dated 27.08.2024 issued by the I.G. of Police (Personnel) Odisha, Cuttack within a period of seven working days from today. On such representation being submitted to the Authority concerned, the same be taken into account for the purpose of consideration of promotion of the petitioner as per “LIST OF ELIGIBLE INSPECTORS AS PER ZONE OF CONSIDERATION” vide letter dated 27.08.2024 referred to ( supra ).
Signature Not Verified
Digitally Signed Signed by: MANORANJAN SAMAL Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Sep-2024 20:09:31 Suchitra
(M.S. Raman) Judge
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2 issues framed by the court
Whether an Inspector denied promotion to Deputy Superintendent of Police due to a 'black mark' punishment and pending criminal proceedings should be considered for promotion.
Whether the authorities must consider the petitioner under Rule 837 read with the 29.01.2021 notification, given his placement in the eligible list dated 27.08.2024.
2 provisions across 1 enactments
Pravash Chandra Sahu
State of Odisha
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
