Orissa High Court Clears Senior Judicial Officer in Promotion File Case, Quashes Punishment Over Missing Records Allegations

The Orissa High Court has quashed disciplinary proceedings against senior judicial officer Lalit Kumar Dash, ruling that the findings against him were unsupported by evidence and based largely on assumptions. The court also directed restoration of all consequential service benefits before his retirement scheduled in July 2026.

The judgment was delivered by a Division Bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra on May 27, 2026.

Background of the Case

The dispute arose from a controversy surrounding promotions within the Orissa High Court establishment in 2019 and 2020. A Departmental Promotion Committee (DPC) had recommended certain officers for promotion, and the recommendations were approved.

Later, some promotion orders were recalled and fresh promotions were granted by invoking Rule 38(10) of the High Court of Orissa (Appointment of Staff and Conditions of Service) Rules, 2019. The issue subsequently led to representations from affected employees and administrative scrutiny.

During a later review of records, officials reported that certain pages from an administrative file connected to the promotion matter were missing. At the time relevant to the dispute, Lalit Kumar Dash was serving as Registrar (Judicial).

A departmental inquiry was initiated against him on allegations including misconduct, dereliction of duty, administrative indiscipline, and failure to maintain integrity. He was eventually penalized with withholding of two increments with cumulative effect.

Court's Observations

Examining the inquiry record, the Bench found significant gaps in the evidence relied upon by the department.

The court noted that the original file allegedly containing the missing pages was never produced during the inquiry. It also observed that no record established that the file remained in the exclusive custody of the officer during the relevant period.

“The burden always lies upon the department to establish misconduct on the basis of evidence,” the bench observed while criticizing the inquiry officer's approach.

The judges further held that the inquiry improperly shifted the burden onto the officer to prove his innocence rather than requiring the department to establish guilt.

On the allegation relating to promotion notes, the court found that Dash had merely processed administrative files and placed notes before the competent authority.

“The final decision regarding invocation of such power indisputably rested with Hon’ble the Acting Chief Justice and not with the petitioner,” the judgment stated.

The Bench also emphasized that internal file notings do not by themselves amount to government decisions and that there was no evidence of personal gain, mala fide intent, or dishonest conduct on the officer's part.

Decision

Allowing the writ petition, the High Court held that both sets of charges were legally unsustainable.

The Bench concluded that findings regarding the alleged missing records were based on presumptions rather than proof, while allegations relating to the promotion process lacked evidence showing misconduct or improper motive.

Accordingly, the court quashed the inquiry report and the punishment order dated February 23, 2023. It further directed the authorities to restore all consequential service benefits to Lalit Kumar Dash before his superannuation on July 31, 2026.

Case Title: Lalit Kumar Dash v. State of Odisha & Others