Pratap Kishore Dash vs High Court of Orissa and Others

S.C. Parija, J.—This Writ Petition has been filed by the Petitioner seeking for a direction to implement the order of this Court passed in O.J.C. No. 1940 of 1990 & to promote him with effect from the year 1994, with all consequential benefits & with a further prayer to proceed against the Registrar (Administration), Orissa High Court, for not carrying out the order of this Court passed in O.J.C. No. 1940 of 1990. "

The Petitioner had joined as an officer in Orissa Judicial Service, Class-II, in the year 1976. While working as Judicial Magistrate First Class, Paralakhemundi, he had filed O.J.C.No.1940 of 1990 praying inter alia for expunging the adverse entries made in his CCR & for granting him promotion from an earlier date. This Court by Judgment dated 19.01.1993, while observing that on the basis of entries as they are, we cannot hold that the Petitioner was denied promotion unjustly & illegally, proceeded to dispose of O.J.C. No. 1940 of 1990, by passing the following orders:

In view of all the above, we are not satisfied if a case for our interference has been made out. Even so, we are of the opinion that the present is a fit case where a direction should be given to the Opposite Parties to promote the Petitioner to the immediately higher post provisionally for a period of one year to watch his performance, & if the High Court were to be satisfied on its administrative side that the Petitioner has given a good account of himself, he would be made permanent & thereafter given further promotion depending upon his future performance. Let necessary orders in this regard be passed within a period of one month from today.

Pursuant to the Judgment dated 19.01.1993, the Petitioner was promoted for a period of one year to the next higher cadre i.e. O.J.S. Class-I (Junior) as Sub-Divisional Judicial Magistrate (for short "S.D.J.M.") with the stipulation that if the Petitioner would give a good account of himself, he would be made permanent. Thereafter, the Petitioner was made permanent on 22.02.1994 in the post of S.D.J.M., in terms of the Judgment dated 19.01.1993 or this Court passed in O.J.C.No.1940 of 1990.

From the counter affidavit, filed on behalf of the Opposite Party No. 1, it is seen that after being promoted, the Petitioner was placed just below Shri Chandra Kanta Kar in the cadre of O.J.S. Class-I (Junior) as S.D.J.M. Shri Chandra Kanta Kar got his usual promotion to the next higher cadre i.e. O.J.S. Class-I (Civil Judge, Sr. Divn.) on 22.03.1998. The case of the Petitioner was due for consideration for promotion from the said date. It is further stated that much prior to that, the Petitioner while working as a Judicial Magistrate First Class, Paralakhemundi, made a representation dated 11.11.1990 for expunging the adverse entries made in his CCRs, using intemperate, derogatory & abusive language against Hon''ble Shri Justice B.N. Dash (since retired), the then District Judge, Ganjam, for which the Full Court in its meeting dated 09.09.1993 resolved to initiate departmental proceeding against the Petitioner & subsequently he was placed under suspension with effect from 03.04.1995. The Petitioner was reinstated in service, as per the order of this Court in O.J.C. No. 15093 of 1996 only on 04.02.2004. Since he was under suspension & in view of the pendency of the departmental proceeding, his case for promotion to the next higher cadre of O.J.S. Class-1 was considered by the Standing Committee on 29.3. 1998 & he was not found fit/suitable for promotion.

From the Order Dated 10.08.2006, passed in this Writ Petition, it is seen that this Court had taken into consideration all these facts while holding that the Judgment dated 19.01.1993 of this Court in O.J.C. No. 1940 of 1990 has been complied with & no contempt has been committed by the Opposite Party No. 1 in dealing with the case of the Petitioner for promotion.

In view of the factual developments as detailed above, no cause of action survives in this Writ Petition, which is accordingly dismissed.

I. Mahanty, J.

I agree.