The Court dismissed a contempt petition filed against the Vigilance Division for not completing an enquiry within the stipulated six-month period, accepting the respondent's submission that this duration is required.
The contempt petition was dismissed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.838 OF 2023
Basant Kumar Swain …. Petitioner
. Mr.B.P.Rath, Adv.
-versus-
Prakash Kumar Naik, OPS(1) …. Contemnor S.P.Cuttack Division, Cuttack Vigilance
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
03
ORDER 06.04.2023
1 . This matter is taken up through hybrid arrangement.
2 . Heard learned counsel for the petitioner and learned counsel for the contemnor.
3 . Learned counsel for the petitioner submits that though the period of six months for completion of enquiry has already been over as mentioned in the order dated 12.08.2022 of CRLMP No.1229 of 2022, no steps have been taken by the Vigilance Department to complete the investigation as yet. Hence, this contempt petition.
4 . On perusal of the order dated 12.08.2022 passed by this Court in CRLMP No.1229 of 2022, it is found that the contempt is not made out as the State Vigilance submitted
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that six months time is required to complete the enquiry. Hence, the prayer of the petitioner being devoid of merit, stands dismissed.
5 . The CONTC is accordingly disposed of.
(Dr. S.K. Panigrahi)
Judge
LB
2 issues framed by the court
Whether a six-month delay in completing a vigilance enquiry amounts to contempt of court.
Whether the State Vigilance Department was justified in stating that six months are required to complete the enquiry.
Basant Kumar Swain
Prakash Kumar Naik
S.P. Cuttack Division, Cuttack Vigilance
Dr. S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
