Petitioner filed a contempt application alleging non-compliance of a 2019 rehabilitation order. The Court found an inordinate delay in filing and noted the petitioner was already enlisted for rehabilitation, holding no contempt was made out.
Contempt proceeding dropped.
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 No. 6387 OF 2022
Braja Kishore Sahoo
…. Petitioner
Mr. Rajakishore Sahoo, Advocate
-versus-
State of Odisha and another
…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
17.11.2022
“Hearing the submission of Sri Mishra, learned counsel for the petitioner that under the guideline of the State Government following a direction of the Hon’ble apex Court the case of the petitioner has to be considered for rehabilitation, this Court finds for the guideline by taking decision, as appropriate. In the event the petitioner applies for rehabilitation keeping in view the guideline in operation within a period of three weeks hence, decision, as appropriate, shall be taken by the competent authority and involving the petitioner within a period of two months thereafter.
The writ petition stands disposed of with the observation and direction made hereinabove.
Issue urgent certified copy of this order on proper application”
Page 1 of 2
// 2 //
Urgent certified copy of this order be granted on proper
application.
ms
(K.R. Mohapatra)
Judge
Page 2 of 2
2 issues framed by the court
Whether a contempt application is maintainable where there has been an inordinate delay in filing the application and the petitioner has already been enlisted for rehabilitation.
Whether non-implementation of a rehabilitation order amounts to contempt when the petitioner is already listed for rehabilitation.
Braja Kishore Sahoo
State of Odisha
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
