Pratap Kumar Biswal v. Pradipta Kumar Mohapatra,School And Mass Education Dept.,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CPC) No. 103 of 2018 Pratap Kumar Biswal .........

Petitioner Mr. S. Das, Adv.

-VersusSri Pradipta Kumar Mohapatra, IAS, Commissioner-cum-Secretary to Government, S & M E Department, Bhubaneswar and others .... ........ Opp. Parties / Contemnors Mr. Nilambar Jena Standing Counsel for S & M E Department

CORAM:

JUSTICE C.R. DASH

ORDER

31.03.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard Mr. N.Jena, learned Standing Counsel for School and Mass Education Department for the State.

3.

None appears for the petitioner.

4.

Eschewing the preliminary objection by learned counsel for the State on the ground of limitation, etc., I feel persuaded to dispose of the Contempt Petition to prevent further delay and harassment to the petitioners.

5.

Regard being had to the facts and submissions and the further fact that the contemnor-incumbent must have changed in the meantime, the Contempt Petition is disposed of directing the present incumbent / incumbents to comply with the order of the Orissa Administrative Tribunal passed in O.A. No. 2905(C) of 2015 within three months from the date of communication of this order, provided there is no other legal impediment or no order from the higher forum staying the operation of the order of the Orissa Administrative Tribunal for alleging violation of which the present Contempt Petition has been filed. If the present incumbent/incumbents fails/fail to comply with the order by the time prescribed, then the petitioners concerned may file fresh contempt for violation of the order of this Court.

6.

This order shall only be effective, if the order has not yet been complied with.

7.

The compliance order be communicated to the petitioner by the present incumbent/incumbents, if not communicated. 8.

A free copy of this order be supplied to the learned Standing Counsel for School and Mass Education Department for onward transmission to the authority/ authorities concerned for communication of the order.

.........................

(C.R. Dash) JUDGE S.K.Parida