Dismissed

Bijay Ram Dash v. Debndra Prasad Dhal

Orissa HC6 Dec 2017WP(C)/20689/2017

Case brief

AI extract

What is this about?

This writ petition challenged an Odisha Administrative Tribunal order dropping contempt proceedings. The court held that the Tribunal passed a reasoned order and exercised discretion correctly, noting the contemnors' inability to comply due to retirement and pending reviews. Accordingly, the High Court declined to interfere under Article 227, dismissing the writ petition.

What did the court decide?

Writ Petition dismissed on grounds that the Tribunal passed a reasoned order and the contemnors could not comply with orders due to retirement and pendency of other reviews.

Bijay Ram Dash Vs Debndra Prasad Dhal — Service and Employment | Orissa HC (2017)

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W.P.(C) NO.20689 OF 2017

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06.12.2017 This Writ Petition has been filed by the petitioner challenging the order dated 22.09.2016 passed by the Odisha Administrative Tribunal, Bhubaneswar in C.P. No.400 of 2016 arising out of O.A. No.2275 of 2015 by which the Tribunal dropped the Contempt Proceeding against the opposite parties.

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It appears that the Original Application was disposed of by order dated 09.09.2015 with a direction to opposite party Nos.1 and 2 to consider revocation of the order of suspension as per Rule 12 (5) of O.C.S. (CC &A) Rules, 1962 within a period of two weeks from the date of receipt of the order. Thereafter the petitioner filed C.P. No.400 of 2016. The Tribunal after hearing learned counsel appearing for the contemnors, Standing Counsel and the applicant in person, by the impugned order dropped the Contempt Proceeding. The Tribunal considered the show cause filed by the contemnors and pendency of W.P.(C) No.9568 of 2016 in which the order dated 09.09.2015 passed in the Original Application is under challenge. The contemnor-opposite party No.1 retired from service on superannuation w.e.f. 19.09.2015 and he has no scope to comply the order within the time. The other contemnor-opposite party No.2 transferred and joined in the Health Department as Addl. Secretary and during his incumbency in Odisha Staff Selection Commission, he could not comply the order because of pendency of Review Petition No.70 of 2015. Since the contemnors-opposite parties have not deliberately and willfully disobeyed the order of the Tribunal, rightly the Contempt Petition was dropped against them and the impugned order was passed.

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In view of the above and as the Tribunal has passed a reasoned order we are not inclined to interfere with the same in exercise of the jurisdiction under Article 227 of the Constitution of India.

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The Writ Petition is accordingly dismissed.

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S.Panda, J.

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K.R.Mohapatra, J.

Bijay Ram Dash v. Debndra Prasad Dhal

Case brief

What is this about?

What did the court decide?

Bijay Ram Dash v. Debndra Prasad Dhal

Case brief

What is this about?

What did the court decide?

What the court decided

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