Basanti Panda vs. State Of Odisha
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24422 of 2024
Basanti Panda …. Petitioner
Represented by Mr. B.S. Tripathy, Advocate
-Versus - State of Odisha and another …. Opposite Parties
Represented by Mr. S.N.Patnaik, Addl. Government Advocate
CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 03.10.2024
This matter is taken up through hybrid mode.
This matter was not in the today’s list. On being mentioned, it was taken up having regard to the urgency involved as per the Special Notice published by the Registry.
Heard Mr. B.S. Tripathy, learned counsel for the petitioner and Mr. S.N. Patnaik, learned Addl. Government Advocate for the State.
The petitioner, while working as Senior Clerk in the office of the Joint Commissioner of Commercial Taxes, Bhubaneswar Range was promoted as Assistant CT & GST Officer by order dated 01.12.2018. As per the provisions of Odisha Sub-Ordinate Finance Service (Commercial Tax Branch) Recruitment and Conditions of Service Rules, 1988, a person is required to undergo training and pass departmental examination. For immediate reference, Rule 15 is Order No. 1. quoted herein below.:
“15. Training and departmental examination- Every person shall, on appointment to the service, undergo training for a period of six months in case of direct recruits and three months in case of persons appointed by selection in Madhusudan Das Regional Academy of Financial Management, Bhubaneswar.
(2) xxx
xxx
xxx
(3) If a person appointed to the service fails to pass the departmental examination in four successive chances, he shall be liable for reversion to his previous post if he is a person other than a direct recruit or to be discharged from the service if he is a direct recruit; Provide that,- a) If a department examination is held within three months of his joining in the service and the opportunity to sit for the examination is not availed of by him, it will not be counted as a chance; b) the Commissioner may, taking into consideration special circumstances of a case to be recorded in writing, allow a candidate one more chance to pass the departmental examination; c) the State Government may, if satisfied that there are special reasons for doing so, grant further chance to a candidate to pass the department examination.”
The petitioner’s case is that after having joined in the promotional post on 26.07.2023, she appeared in the Departmental Examination Paper-II and III but could not clear Paper-1 because of some ailment that she suffered from suddenly in course of the examination. Subsequently, the ailment was detected to be stomach tumor. She therefore, submitted a representation to the Chief Commissioner of C.T. and G.S.T. on 09.05.2024 for grant of one more chance to appear in the 1st Half Yearly Departmental
Examination, 2024 to be held on 22.06.2024. Said representation was rejected by order dated 21.06.2024. Subsequently, by order dated 21.09.2024, the petitioner has been reverted to her former post of Senior Assistant.
Referring to Rule-15 of the 1988 Rules quoted above, Mr. Tripathy would submit that normally four chances are available for passing the departmental examination. The Rule also provides that the Commissioner taking into consideration special circumstances to be recorded in writing, allow the candidate one more chance to pass the departmental examination. In the instant case, the Commissioner has rejected the representation of the petitioner without considering the peculiar facts and circumstances of the case. Mr. Tripathy further argues that even otherwise, Clause-(c) of Sub-Rule-3 provides that the State Government also has power to grant further chance to a candidate to pass the departmental examination, if there are special reasons for doing so. On the above basis, Mr. Tripathy would argue that the petitioner could not appear in the Departmental Examination on Paper-1 because of acute stomach pain, which is substantiated by documentary evidence, which can be treated as a special reason.
Mr. Patnaik, learned Addl. Government Advocate submits that the petitioner’s request for grant of one more chance was duly considered by the Commissioner and was rejected. She has not approached the State Government so far and therefore, the order of reversion was rightly passed.
After considering the submissions and the materials available on record particularly, the medical documents enclosed under Anenxure-8 series, this Court, is prima facie, of the view that the petitioner appears to have been suffering from stomach ailment
which can reasonably be expected to have interfered with her appearance in the examination. Be that as it may, the Rule provides that one further chance can be granted for special reasons by the State Government. The petitioner has not approached the State Government so far. In view of the availability of the remedy as referred above, the writ petition is disposed of granting liberty to the petitioner to submit a representation to the Principal Secretary to the Government in Finance Department (Opposite Party No.1) within a week from the date of receipt of certified copy of this order making necessary prayer. If such representation is submitted within the period stipulated, the Opposite Party No. 1 shall consider and dispose of the same by passing a reasoned order and also after granting opportunity of hearing to the petitioner within three weeks thereafter. Till such time, the order dated 21.09.2024 reverting the petitioner to her former post shall be kept in abeyance. It goes without saying that continuance and otherwise of the order dated 21.09.2024 thereafter shall depend upon the result of the representation to be submitted by the petitioner.
The writ petition is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra)
Judge
B.C. Tudu
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.