IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No. 1082 of 2021 Trinath Prasad Mohanty …. Petitioner Mr. S. Pattanaik, Adv. -versus- Union of India & Others …. Opposite Parties Mr. D. Mohanty, Adv. COROM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 09.03.2026 4. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. In course of hearing, it is fairly contended by the learned counsel appearing for the parties that Petitioner was not extended with the benefit of promotion in terms of provisions contained under Para-15.1 of the Recruitment and Promotion Policy for Workmen so enclosed vide Annexure-B/2 to the counter as the Petitioner was implicated in a Criminal case, where cognizance has already been taken. 3.1. It is also not disputed that challenging the order of cognizance, Petitioner though had approached this Court by filing CRLMC No.1808 of 2016, but the same has already been dismissed for non-prosecution. It is also not disputed that claim for such promotion is covered under Para-10 of the aforesaid Recruitment and Promotion Policy. 4. This Court taking into account the provisions contained under Para-10 vis-à-vis Para-15, is of the view that since Petitioner has been implicated in a Criminal proceeding and cognizance has been taken, Petitioner is not eligible and entitled to get the benefit of promotions which has been rightly rejected vide the impugned order dt.09.12.2020 under Annexure-13. This Court accordingly is not inclined to interfere with the same. 4.1. However, it is observed that if Petitioner will be ultimately acquitted in the Criminal Proceeding, Petitioner can reiterate his claim by making appropriate application, which shall be considered in accordance with law. 5. With the aforesaid liberty, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge sangita