Susanta Kumar Rout v. U.N.Behera, Secy., Home Dept.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CPC) No.539 of 2012 Susanta Kumar Rout ...........

Petitioner Mr. M.K. Khuntia, Adv.

-VersusShri U.N. Behera, IAS Commissioner-cum-Secretary to Govt.

in Home Department, Odisha, Bhubaneswar & another .... ........ Opp. Parties / Contemnor Mr. S.S. Kanungo, A.G.A.

CORAM:

JUSTICE C.R. DASH

ORDER

08.03.2022 Order No.

01.

1.

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

2.

Heard Mr. S.S. Kanungo, learned Addl. Govt. Advocate. 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, Cuttack Bench, Cuttack passed in O.A.

No.835 (C) of 2012 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 Addl. Government Advocate for onward transmission to the authority/ authorities concerned for communication of the order. ........................

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