Jitendra Narayan Samanta & Ors. v. Sri Saswat Mishra, IAS, Commissioner-cum-Secretary, Higher Education Department & Ors.
Case at a glance
Outcome
Disposed of
in the meantime, the Contempt Petition is disposed of
Provisions considered
Key paragraphs
- Para 44. 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 2 the order of the Orissa Administrative Tribunal passed in O.A.…
Judgment
Sri Saswat Mishra, IAS, Commissioner-cum-Secretary, Higher Education Department and Others ....… Opposite Party/Contemnors Mr. J.P. Patnaik, Govt. Advocate CORAM: JUSTICE C.R. DASH ORDER 07.04.2022 Order No.
This matter is taken up through hybrid mode. Heard Mr. S. Behera, learned counsel for the Petitioner and Mr. J.P. Patnaik, learned Government Advocate for the Opposite Party/Contemnors.
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.
Operative part
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 2 the order of the Orissa Administrative Tribunal passed in O.A. No.3154(C) of 2018 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.
This order shall only be effective if the order has not yet been complied.
The compliance order be communicated to the petitioner by the present incumbent/incumbents, if not communicated.
A free copy of this order be supplied to learned Govt. Advocate for onward transmission to the authority/authorities concerned for communication of the order. Murmu (C.R. Dash) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: in the meantime, the Contempt Petition is disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.