Upendra Karmi v. Usharani Padhi , Secy Schooland Mass Edu.Dept.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CPC) No.314 of 2014 Upendra Karmi ......

Petitioner Mr. A. K. Behera, Advocate -versusUsharani Padhi, Secretary, School and Mass Education Dept.

...... Opposite Party/Contemnor Mr. N. Jena, Standing Counsel S &M.E.

CORAM:

JUSTICE C.R. DASH

ORDER

4.01.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

None appears for the Petitioner.

3.

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

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 petitioner. 5.

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.1471(C) of 2014 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 petitioner 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.

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 learned Standing Counsel for onward transmission to the authority/authorities concerned for communication of the order.

(C.R. Dash) Judge Murmu