The Orissa High Court in an important judgement has said that if a Vigilance case is subjudice for a long time, it would not be a hurdle in the promotion of Government officials.
It might be mentioned here that a Vigilance case was in initiated against Odisha Works Department (OWD) Executive Engineer CP Gantayat. Following which disciplinary proceedings were initiated by the department.
Later, the department inquiry gave a clean chit to him. But he was not given promotion to Executive Engineer (Civil) Level-II. The High Court hearing this matter has ordered promotion to be given to Gantayat.
Besides, the court said the petitioner or official can’t be denied promotion on the ground that a Vigilance case against him is under subjudice. The records of promotion, which is kept in a closed envelope should be opened and if it is found that he fulfills all criteria he should be given promotion.
Also he should be given all benefits from the time his juniors were given promotion. This should be done in a span of three months; the bench of Justice BR Sarangi gave this judgement.
Notably, Gantayat who had joined the OWD as Assistant Engineer, in January 24,2002 he was promoted to Assistant Executive Engineer and November 10, 2006 he was promoted to the Executive Engineer post. He was in118th position in the gradation list.
While he was working as the Bhubaneswar Roads and Buildings Division-IV Executive Engineer, a Vigilance case was lodged against him in 2010. In September 30, 2014 the Vigilance Directorate submitted the charge-sheet against Gantayat and other accused. On July 11,2014 departmental proceedings were initiated against the petitioner and Junior Engineer (Civil). The OWD appointed Chief Engineer (Buildings) as the Investigative Officer.
On June 26, 2015 the Investigate Officer is his report acquitted the petitioner of all the charges. Then the Government on December 2015 absolved Gantayat and other two engineers of all the charges.
The Government then promoted one of the three engineers from the post of Assistant Engineer to Assistant Executive Engineer post but the petition was not promoted.
More than 30 engineers who were below the petitioner in the gradation list were promoted.His promotion file was kept in a closed envelope. Following this, Gantayat knocked at the doors of the High Court. On March 22, 2021, a single bench of the High Court ruled in favour of promotion to the petitioner.
The Government challenged the single Bench’s judgement in a double Bench, which in a hearing in August asked the single bench to give its order. Later, the hearing was held in the single Bench.