By the Bench:

1. Appellants in this Intra-Court Appeal seek to assail the order dated 09.08.2021 passed by this Court in W.P.(C) No.22844 of 2021.

2. Shorn of unnecessary details, facts relevant for proper adjudication of this appeal, are stated hereunder.

3. The Respondent is serving as Junior Engineer under Panchayati Raj Department of Government of Odisha. While the Petitioner/ Respondent was serving as a Junior Engineer, Sadar Block, Cuttack, Bhubaneswar (Vigilance) P.S. Case No.45 of 2012 dated 30.06.20212 was registered against him on the allegation of possession of disproportionate asset. The said proceeding is pending in the Court of learned Special Judge (Vigilance), Bhubaneswar.

4. The Respondent, on the plea that a vigilance case is pending against him, was not given promotion to the post of Assistant Engineer (presently Assistant Executive Engineer). Thus, he filed W.P.(C) No.22844 of 2021, which was taken up on 09.08.2021.

5. On the first date of taking up the matter for consideration, the writ petition was disposed of directing the Principal Secretary to Government of Odisha in the Panchayati Raj Department, Bhubaneswar to give promotion to the Respondent to the rank of Assistant Engineer (Civil), [presently Assistant Executive Engineer (Civil)] from the date of his juniors and batchmates got such promotions.

6. In the said order, it was however made clear that promotion of the Respondent pursuant to the direction in the aforesaid writ petition shall be subject to the ultimate outcome in the vigilance proceeding. It was also clarified that the promotion given to the Respondent shall not confer equity in the event he is ultimately found guilty in vigilance proceeding. It was further directed that the entire exercise shall be completed within a period of four weeks from the date of communication of the said order and all consequential benefits of the promotional posts should be extended to the Respondent. It is against the said order, the State Government has filed this Intra-Court Appeal.

7. Mr. Biswal, learned Additional Standing Counsel submits that no opportunity of hearing was given to the Appellants to file Counter Affidavit and defend their case.

8. It is further submitted that due to pendency of the vigilance case in the Court of learned Special Judge, (Vigilance), Bhubaneswar, promotion was not given to the Respondent, as a criminal proceeding is pending against him.

9. Had the Respondent/Appellants been given an opportunity of hearing in the writ petition, they would have been in a position to place their matter. He, therefore, prays for setting aside the impugned order and to remit the matter to the assigned Single Bench for fresh adjudication of the writ petition providing opportunity of hearing to the parties.

10. Mr. Palit, learned Senior Advocate appearing for the Respondent, on the other hand, submits that no disciplinary proceeding is either pending or initiated against the Respondent. It is only on the plea of pendency of the criminal proceeding before the Court of Special Judge (Vigilance), Bhubaneswar, the Respondent has been denied promotion.

11. The criminal proceeding is pending since 2012 and trial of the said vigilance case has not yet commenced. Thus, for no fault of the Respondent, he is punished and deprived of his right to be promoted to the higher posts. In the meantime, his batchmates and juniors have been promoted but the Respondent has been ignored. That apart, the Respondent will be superannuated on attaining the age of superannuation next year, i.e., in the year 2027.

12. In support of his case, Mr. Palit, learned Senior Advocate relied upon the case of State of Odisha & Anr. Vs. Nanda Kishore Sahoo [SLP(C) No.8220 of 2024 disposed of on 09.09.2025], wherein, Hon’ble Supreme Court held as under:

                   “6. We inquired from the learned Counsel for the Petitioner whether there is any possibility of the trial being concluded in the near future. In response to the aforesaid query, the learned Counsel for the Petitioner submits that as on date, evidence has not yet been led.

                   7. In such circumstances, having regard to the criminal case being pending for long, we do not deem it appropriate to interfere with the order passed by the High Court to the extent it requires consideration of promotion as per recommendation of DPC kept in sealed cover. We, however, deem it appropriate to clarify that if the criminal case is decided against the First Respondent, he shall return the monetary benefits availed by him under the promotion order. To ensure that such reimbursement takes place, we deem it appropriate to require the First Respondent to submit an undertaking to that effect with the Department within two weeks from today. Upon furnishing of such undertaking, the benefit of the direction issued by the learned Single Judge shall be operative by opening the sealed cover containing the DPC recommendation.”

13. Assailing the order passed in the aforesaid case, the State Government has also filed a review before Hon’ble Supreme Court, which was dismissed vide order dated 09.12.2025.

14. He, therefore, submits that the Respondent deserves to get the same treatment, as pendency of a criminal proceeding for years together should not deprive the Respondent from getting promotion, if he is otherwise entitled to. The result of the DPC in case of the Respondent is kept in sealed cover. He, therefore, prays that the sealed cover may be opened and the Respondent be given promotion with all consequential service benefits.

15. Taking note of the submissions made by learned Counsel for the parties, this Court finds that the Respondent has been alleged to have possessed disproportionate assets to the known sources of his income. The criminal proceeding was initiated in the year 2012 and is still pending in the Court of learned Special Judge (Vigilance), Bhubaneswar. It is not likely to be disposed of in near future.

16. Although Mr. Biswal, learned Additional Standing Counsel on instruction submits that the trial has already commenced, but no document to that effect is filed.

                   16.1 Mr. Palit, learned Senior Advocate appearing for the Respondent, on the other hand, submits that the trial of the Vigilance case has not yet commenced and the witnesses have not yet been served with summons to appear. In the meantime, more than 13 years have already elapsed.

                   16.2 Added to it, the Petitioner will superannuate in the year 2027 on attaining the age of superannuation.

17. In view of the above, this Court feels that remitting the matter to learned Single Judge for fresh adjudication will serve no purpose. Further, all the materials are available on record and this Court has given ample opportunity to learned Counsel for the parties to put forth their case.

18. Accordingly, this Court disposes of the Writ Appeal with little modification to the order dated 09.08.2021 passed by the learned Single Judge in W.P.(C) No.22844 of 2021,

19. Accordingly, it is directed that the result of the DPC kept in sealed cover in respect of the Respondent shall be opened and if the Respondent is found suitable then he shall be promoted accordingly from the date his juniors were promoted and he shall be extended with all consequential service benefits.

20. If the criminal case is decided against the Respondent, he shall return all the monetary benefits availed by him under the promotion order. To ensure such reimbursement, we direct the Respondent to submit an undertaking to that effect with the concerned Department within a period of three weeks from the date of order of promotion.

21. It is further clarified that the Respondent shall not claim any equity for such order of promotion, if any, and the same shall be subject to the result of the vigilance case pending against him in the Court of learned Special Judge (Vigilance), Bhubaneswar.

22. With the aforesaid modification in the impugned order, the Writ Appeal is disposed of. In the facts and circumstances of the case, there shall be no order as to costs.

Urgent certified copy of this judgment shall be granted as per rules.