Sadananda Routray v. P.K.Mohapatra,Commissioner-Cum-Secy.,School And Mass Education Dept.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CP) No.186 of 2018 Sadananda Routray .........

Applicant Mr. Krishna Chandra Sahu, Adv.

-VersusSri P.K. Mohapatra, IAS, Commissioner-cum-Secretary to Govt., School & Mass Education Deptt., Bhubaneswar & others ........

Respondents/ Contemnors Mr. Nilambar Jena, Standing Counsel School & Mass Education Deptt.

CORAM:

JUSTICE C.R. DASH

ORDER

07.03.2022 Order No.

01.

1.

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

2.

Heard Mr. K.C. Sahu, learned counsel for the applicant and Mr. Jena, learned Standing Counsel for the School & Mass Education Department.

3.

Against the order passed in O.A. No.2214 of 2016, Review Petition (RP) No.36 of 2018 is pending.

4.

It is submitted at the Bar that, no stay order has been granted in the aforesaid Review Petition.

5.

In view of such fact, 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 applicant.

6.

Regard being had to the facts and submissions and 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.2214 of 2016 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 applicant concerned may file fresh contempt for violation of the order of this Court. 7.

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

8.

The compliance order be communicated to the applicant by the present incumbent/incumbents, if not communicated. 9.

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

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

(C.R. Dash) JUDGE Subha