The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.3061 of 2025 Deepak Kumar Pradhan …. Petitioner Mr. Amit Prasad Bose, Advocate -versus- Dr. Prasant Kumar Hota, Chief District Medical and Public Health Officer, Cuttack and another …. Opposite Parties
Decision
CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 19.09.2025 Order No. 07. 1. The matter in W.P.(C) No. 15916 of 2025 came up for hearing under heading “fresh admission” on 10.06.2025. 2. Mr. Amit Prasad Bose, learned counsel for the petitioner made submission that the petitioner, appointed as Radiographer on 18.02.2014 being regularised in service in the year 2020, got transferred to Community Health Centre, Berhampur on 02.12.2022 and thereafter, he was transferred to Banki on 29.04.2023; he was again transferred in 2024 to Cuttack. However, within the short span he was again transferred to SCB Medical College Hospital, Cuttack as Senior Radiographer, Level II. 3. Challenging the order of transfer dated 01.05.2025, he filed his aforesaid writ petition, and this Court passed interim order on 10.06.2025, considering the plight of the petitioner being subjected Page 1 of 5 to frequent transfers and certain other colleagues were retained in the same station. 4. Mr. Amit Prasad Bose, learned counsel filing this contempt petition submits that notwithstanding the fact that the petitioner was admitted to SCB Medical College and Hospital on 09.04.2025 on account of health issues, the Chief District Medical & Public Health Officer, Cuttack relieved him on the very day. He forcefully submitted that such an action of the contemnors is deliberate attempt to frustrate the effect of the interim order dated 10.06.2025 passed in I.A. No. 9528 of 2025, arising out of aforesaid writ petition. It is stated that the petitioner sent an e-mail to the Commandant, 6th Odisha Special Armed Police indicating his join on 13.06.2025. 5. On a couple of occasions, the Additional Government Advocate having sought for accommodation to obtain instruction, filed a show cause affidavit sworn to by opposite party no.2 indicating as follows: 6th Cuttack “4. That it is humbly submitted that in response to Letter Battalion, OSAP dtd.09.05.2025 (Annexure-A/2), the Chief District Medical & Public Health Officer, Cuttack has requested vide their Letter No.7421/CDM & PHO, Cuttack dated 16.05.2025 to relieve the Petitioner with immediate effect to enable him to join his promotional post at SCB Dental College, Cuttack. The Copy of Letter No.7421/CDM & PHO, Cuttack dated 16.05.2025 is annexed herewith as Annexure-B/2. Page 2 of 5 5. 6. relieved That it is respectfully submitted that in response to the Letter dated 16.05.2025 (Annexure-B/2) the Opp.Party No.02 Contemnor the Petitioner from OSAP 6th Battalion Cuttack Hospital on 09.06.2025 PM to join at his new place of posting on promotion and intimated to the Chief District Medical & Public Health Officer, Cuttack vide Letter No.3587/Estt dated 09.06.2025. The Copy of Letter No.3587/Estt dated 09.06.2025 is annexed herewith as Annexure-C/2. the Opp.Party No.2 That it is respectfully submitted that so far as per interim Order dated 10.06.2025 passed in I.A. No.9528 of 2025 arising out of W.P.(C) No.15916 of 2025 is concerned, the said order was received by (contemnor) on 10.06.2025 i.e. day after relieve of the Petitioner from OSAP 6th Battalion Cuttack Hospital on 09.06.2025 PM to join at his new place on posting on promotion. Hence, the Opp.Party No.2 has neither deliberately nor intentionally violated the orders of this Hon’ble Court.” 6. Mr. Saswat Das, learned Additional Government Advocate submitted that since the petitioner is accorded promotion, he is transferred and was relieved on 09.06.2025. Since the interim order in the writ petition was passed on 10.06.2025, by which date the petitioner had already been relieved. With respect to documents showing ill health of the petitioner, he submitted that the submission of the learned counsel for the petitioner is incorrect to the extent that the petitioner was admitted to hospital; rather, the document at Annexure-2 clearly indicates that he was an out-patient and the OPD card shows registration at 15:56 hours on 09.06.2025. What is essentially impressed upon this Court by the learned Page 3 of 5 Additional Government Advocate that by the time the contemnors got the information about passing of interim order by this Court, the petitioner had already been relieved of his duties in order to enable him to join in the promotional post. Therefore, he would submit that the contemnors have not violated any of the orders of this Court consciously. 7. Be that as it may, perusal of records shows that the petitioner was promoted to the rank of Senior Radiographer, Level II vide letter dated 09.05.2025 and posted at OSAP 6th Battalion Hospital, Cuttack. It is also disclosed that he has been relieved on 09.06.2025 to join his new place of posting on such promotion. The sequence of events placed by the learned Additional Government Advocate and the tenor of the show cause affidavit does not lead to perceive that there was any deliberate or wilful attempt made by the contemnors to disobey the order to this Court in any manner. 8. The contours of contempt leading to inflict punishment on the contemnors have been set forth by the Hon’ble Supreme Court of India in the case of Chaduranga Kanthraj Urs and Vrs. P. Ravi Kumar, (2024) 12 SCR 1287, as follows: “1.11 The weapon of contempt will not be used for execution of the decree or implementation of an order for which alternative remedy in law is provided for. The paramount consideration is given to maintain court’s dignity and majesty of Sudhir Vasudeva Vrs. George law. Ravishekeran, (2014) 4 SCR 27 this Court has observed that a Court exercising jurisdiction In Page 4 of 5 under the Contempt of Courts Act, 1971 must not travel beyond the four corners of the orders in relation to which contempt has been alleged. That the Court hearing a contempt petition ought to restrict the scope of its enquiry to such directions which are explicit in the judgment or orders of which contempt has been alleged. 1.12 The civil contempt would mean a wilful disobedience of a decision of this Court. What would be relevant is the “wilful disobedience”. Hence, knowledge of having acted in disregard to an order is sine qua non for being proceeded with if there is a deliberate, conscience and intentional act then the jurisdiction can be clutched.” 9. Having found, in the present case, that there is no wanton disregard of the order nor is there any conscious/deliberate attempt on the part of the contemnors to act in defiance of interim order dated 10.06.2025 passed in the writ petition, this Court is left with no option but to drop the proceeding. 10. In such view of the matter, the contempt is dropped against the contemnors and accordingly, the contempt petition is closed. Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-Charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 20-Sep-2025 18:46:49 (M.S. Raman) Judge Page 5 of 5