In a contempt proceeding, the Court directed the respondent to comply with a final order from an earlier O.A. within one and a half months unless stayed, warning of suo motu contempt proceedings for non-compliance.
Direction to work out the direction within 1.5 months; sole compliance report to be filed within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC (CP) No.359 OF 1999
Aswini Kumar Mohapatra
Petitioner(s)
Mr. P. Patnaik, Advocate
-versus-
D. Mohanty, I.A.S
…. Opposite Party(s) Mr. N.K. Praharaj, Advocate
CORAM: JUSTICE BISWANATH RATH
ORDER
Order No.
08.10.2021
1. Even though an objection is raised by the learned Counsel appearing for the contemnor(s) on the maintainability of the contempt proceeding involving the contemnor(s) herein, this Court observes, the direction issued in the final order passed in O.A. No.1998 of 1993 is not meant to be ignored or not complied with. Even though notice in the contempt petition has been issued since long, no show cause or compliance affidavit has been filed as of now. To avoid any further loss of time, this Court in disposal of the contempt petition directs, in the event the final order passed in the aforesaid O.A. is not complied with as of now, the present incumbent shall work-out the same within a period of one & half months from the date of communication of an authenticated copy of this order by the Petitioner(s), provided the order of the Tribunal is not pending in higher forum with an order of stay of such order. The compliance report be filed before the Registry of this Court within a period of one week thereafter. Failure of compliance of this order shall be construed to be deliberate violation of this Court’s order and there will be initiation of a suo motu contempt proceeding against the contemnor(s).
(Biswanath Rath) Judge
A.K. Jena
Page 1 of 1
3 issues framed by the court
Whether the direction issued in the final order passed in O.A. No.1998 of 1993 should be complied with despite objections on maintainability.
Whether failure to file a compliance affidavit constitutes deliberate violation of the Court's order.
Whether the matter should be remanded for compliance within a specified time limit.
2 provisions across 2 enactments
Aswini Kumar Mohapatra
D. Mohanty, I.A.S
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
