Ad-hoc promotion of the Inspector to the DSP rank Ordered while disciplinary proceedings are ongoing: Orissa High Court
The Orissa high court single judge bench of A.K. Mohapatra has on 27 May 2023 directed the authorities to open the sealed cover containing the result of the Departmental Promotion Committee (‘DPC’) regarding the Petitioner’s promotion and promote the petitioner to the rank of DSP in a writ petition filed under Article 226 and 227 of the Constitution of India in the case of Geeti Ranjan Mohapatra v. State of Odisha ((Crl.) No.1156/2021)
Facts of the Case
In the beginning, the Petitioner’s name was forwarded to DPC together with those of other qualified applicants, the Court remarked. According to the Court’s well studied opinion, the petitioner must demonstrate that he met all requirements for promotion. The court further observed that the petitioner’s case was not taken into consideration at the DPC meeting on January 28, 2021, which had recommended the petitioner’s batchmates and closest juniors for promotion to the rank of DSP owing to a deficiency in Performance Appraisal Reports (or “PARs”).The Court ruled that as the promotion sought by the petitioner is a privilege granted by law, the non availabilityof the PARs cannot be used as a reason to deny the petitioner’s request for consideration.
Judgment
The Court noted that the petitioner’s name was first given to DPC together with those of other qualified applicants. The Court held the reasoned opinion that the Petitioner must demonstrate that he met all requirements for the promotion. The Court further observed that the petitioner’s case was not taken into consideration at the DPC meeting on January 28, 2021, which had recommended the petitioner’s batchmates and closest juniors for promotion to the rank of DSP owing to an insufficient number of Performance Appraisal Reports (or “PARs”). The Court ruled that as the promotion sought by the petitioner is a legal entitlement, the non-availability of the PARs cannot be used as a justification for dismissing the petitioner’s complaint. As a result, the Court gave the authorities a four-week deadline from the day that a certified copy of the judgment was produced before ordering them to open the sealed cover. The Court further said that the Petitioner’s ad hoc promotion would be subject to additional terms and restrictions stated in the Office Memorandum dated 17-06-2021.
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JUDGEMENT REVIEWED BY HARSHEEN KAUR LUTHRA, RGNUL, PUNJAB