The Court directed the respondent official to comply with a prior final order within one and a half months from receipt of the order, unless stayed by a higher forum. Failure would invite suo motu proceedings.
Direction to comply with prior order within one and a half months; failure to be treated as deliberate violation.
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 (CPC) No.379 of 2012
Udayanath Rout …. Petitioner
Mr.D.R. Pattanayak,
Advocate
-versus-
Sri Pradeep Kumar Mohapatra, IAS & …. Opposite Party/ Ors. Contemnors
Mr.N.K. Praharaj,
Advocate
CORAM: JUSTICE BISWANATH RATH
ORDER
07.10.2021
Order No.
01.
1. Even though an objection is raised by the learned counsel for the contemnor(s) on the maintainability of the contempt proceeding involving contemnor(s) herein, this Court observes the direction issued in the final order in O.A. No.1246(C) of 2001 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 loss of further time, this Court in disposal of the contempt petition directs, in the event the direction issued in the final order in the said Original Application is not complied with as of now, the present incumbent shall work out the same within a period of one and 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 the 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 suo motu proceeding against the contemnor(s).
(Biswanath Rath) Judge
Page 1 of 1
U.K. Sahoo
1 issue framed by the court
Whether the contemnor is bound to comply with a prior direction despite an objection on maintainability of the contempt proceeding and no prior compliance affidavit.
Udayanath Rout
Sri Pradeep Kumar Mohapatra, IAS
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
