HC bins retd civil service officer’s promotion to IAS

Cuttack: Three years after a state civil service officer retired, the Orissa high court has quashed a 2012 order of the Central Administrative Tribunal (CAT) promoting him to IAS, observing that it is not sustainable under law if vigilance cases are pending against him. The court’s ruling came on Thursday while quashing an order of the Cuttack bench of CAT issued in the case of Gadadhar Parida on July 27, 2012. The department of personnel & training (DoPT) filed a petition challenging the tribunal’s order the same year.Initially, the high court dismissed the petition on November 7, 2012. But on DoPT’s plea against it, the Supreme Court set aside the order and remitted the matter back to the high court on July 30, 2014. The matter was pending in the high court till the CAT order was quashed.According to case records, the IAS selection committee had recommended the name of Parida in November 2010. But when DoPT did not promote him to IAS in view of vigilance cases pending against him, Parida moved the CAT. In the meantime, Parida, on attaining the age of superannuation at 58 years being a state civil service officer, retired on January 31, 2011. Parida was exonerated from one of the vigilance cases but three other cases were pending against him, out of which a chargesheet had already been submitted in one. “Therefore, in that case, the direction given by the Central Administrative Tribunal for grant of promotional benefit to opposite party no.1 (Parida) cannot be sustained in the eye of law and is liable to be quashed and is hereby quashed,” the two-judge bench of Justice B R Sarangi and Justice Gourishankar Satapathy ruled.The bench cited the Supreme Court’s ruling that no employee has a right to be promoted, but has a right to be considered for promotion.

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