In a writ petition challenging an order of non-appointment, the High Court dismissed the plea as the petitioner had concurrently filed a contempt application before the Tribunal challenging the Tribunal's own order regarding non-implementation.
Liberty granted to prosecute the contempt application. Writ petition dismissed.
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W.P.(C) No.6600 of 2014
Misc. Case No.21731 of 2014
08. 01.09.2016 This Misc. Case has been filed by the petitioner for a
mendment in the cause title of the writ petition.
Learned counsel for the petitioner submits that the petitioner does no
t want to press this application.
Accordingly, this Misc. Case is dismissed as not pressed.
I.Maha
nty,J.
Biswajit Mohanty,J.
09. 01.09.2016 W.P.(C) No.6600 of 2014
Heard Mr. D. Pattanayak, learned counsel for the petitioner.
Although, in the present writ application, the petitioner has sought to challe
nge the order dated 02.11.2012 passed in O.A. No.369(C) of 2002 under Annexure-6, he has also
filed a contempt application bearing C.P. No.286(C) of 2013 before the Orissa Administrative T
ribunal, Cuttack on the ground that similarly circumstanced persons have already been regularl
y appointed but the case of the petitioner has not been considered.
Consider the facts and circumstances of the case; we are of the view that sinc
e the petitioner has filed a contempt application before the Tribunal alleging non-implementat
ion of the order of the Tribunal itself, no challenge to the same can be entertained at the pr
esent stage.
Accordingly, the writ application is dismissed. However, liberty is granted to
the petitioner to prosecute the contempt application and we hope and trust that the Tribunal
will take up the matter at an early date preferably within a period of three months from today
.
Urgent certified copy of this order be granted on proper application.
I.Maha
nty,J.
........
Biswajit Mohanty,J.
2
Petitioner
Biswajit Mohanty
As recorded by the court registry
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