LI Network
Published on: November 17, 2023 at 11:54 IST
In a significant ruling, the Orissa High Court declared that denying promotion and service benefits due to the extended duration of a criminal trial constitutes ‘double jeopardy’ and infringes upon the constitutional rights of the accused employee.
Justice Sibo Sankar Mishra, presiding over a Single Bench, directed authorities to grant promotion to the petitioner, making it contingent on the outcome of the ongoing criminal case.
The petitioner faced criminal prosecution in a vigilance case from 2001. Despite the Departmental Promotion Committee (DPC) recommending his promotion, the sealed cover procedure was applied due to the pending criminal trial. Seeking justice, the petitioner filed a writ petition, urging the authorities to provide him with overdue promotions and consequential benefits.
The Single Bench, in an earlier decision, granted the petitioner’s requests, specifying that promotion would be subject to the criminal case’s outcome.
However, an intra-court writ appeal contested this decision, alleging procedural irregularities. The Division Bench remanded the matter to the Single Bench, setting clear timelines for filing affidavits. Despite multiple adjournments requested by the opposing parties, they failed to submit a counter affidavit.
The State argued that, based on a previous judgment (State of Odisha & Anr. v. Joseph Barik), the petitioner couldn’t be promoted pending the criminal case. The petitioner countered, citing another Division Bench order (State of Odisha & Ors v. Ashok Kumar Hota & Anr.), asserting his eligibility for promotion despite the ongoing trial.
The Court distinguished the Joseph Barik case, stating it was factually different. Unlike the present case, where the petitioner sought promotion recommended by the DPC, the previous petitioners sought ad-hoc promotion during criminal proceedings. Emphasizing the petitioner’s time-bound right to promotion, the Court noted the snail’s pace of the trial over 25 years.
The Court referred to the Supreme Court’s ruling in Union of India & Ors. v. K.V. Jankiraman & Ors., emphasizing that the mere pendency of a criminal case should not delay promotions.
The Court granted the petition, instructing authorities to promote the petitioner retroactively. However, it clarified that if the petitioner is found guilty post-trial, a downgrade in the service hierarchy would follow.
Case Title: Nihar Ranjan Choudhury v. State of Odisha & Anr.