Prashanta Kumar Das Vs Manas Ranjan Pujari — Orissa HC (2024) — LawSathi Research

Prashanta Kumar Das Vs Manas Ranjan Pujari — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding dropped; petitioner at liberty to obtain an original copy of the corrected provisional certificate-cum-mark sheet from the University.

Issue for consideration

Whether the opposite-party contemnor willfully disobeyed this Court's order dated 01.02.2011 passed in W.P.(C) No.1453 of 2011, warranting that the Court proceed further with the contempt proceeding CONTC No.699 of 2011. +1 more

Court's answer

No willful disobedience of this Court's order is made out, the corrigendum having been issued in terms of the observations made in the Court's order dated 01.02.2011; consequently the Court does not require to proceed further in the contempt matter.

Ratio / Principle

The Court recorded that the corrected provisional certificate-cum-mark sheet has already been issued and that a copy has been brought on record by way of an annexure to the show cause reply filed on behalf of the contemnor.

Key takeaways

As part of the disposition, the petitioner was accorded liberty to obtain an original copy of the corrected provisional certificate-cum-mark sheet from the University.ratio¶5

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — CONTC No.699 of 2011 — Order dated 12.07.2024 (Chakradhari Sharan Singh, Chief Justice). Contempt proceeding against Manas Ranjan Pujari (printed designation 'Controller of Opposite Party Examination, Sambalpur University'), arising out of alleged willful disobedience of the Court's order dated 01.02.2011 passed in W.P.(C) No.1453 of 2011, pursuant to which a corrigendum recording the date of publication of result as 16.11.2009 instead of 30.07.2010 was to be issued and the provisional certificate-cum-mark sheet mentioning the date of publication was to be issued. Counsel for the contemnor reported the corrigendum as issued in terms of the Court's observations; petitioner's counsel submitted the provisional certificate-cum-mark sheet had not been issued as directed. The Court was informed the corrected provisional certificate-cum-mark sheet had already been issued, a copy being annexed to the show cause reply filed by the contemnor. Finding no willful disobedience of its order, the Court dropped the contempt proceeding and accorded the petitioner liberty to obtain an original copy of the corrected certificate from the University. Disposition: contempt proceeding dropped.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.699 of 2011

Prashanta Kumar Das …. Petitioner

Mr. P.K. Sahoo, Advocate

-versus-

…. Manas Ranjan Pujari, Controller of Opposite Party Examination, Sambalpur University

M/s. S.K. Purohit, Advocate and associates

CORAM: THE CHIEF JUSTICE

ORDER

Order No.

12.07.2024

09. This matter is taken up through Hybrid mode.

It is stated by learned counsel representing the opposite partycontemnor that corrective measures have been taken in the light of this Court’s order dated 01.02.2011 passed in W.P.(C) No.1453 of 2011 by issuance of a corrigendum as regards the date of publication of result as 16.11.2009 instead of 30.07.2010.

Learned counsel appearing on behalf of the petitioner has, however, submitted that the corrigendum so issued by the contemnor has been received by the petitioner, but, the provisional certificate-cum-mark sheet mentioning the date of publication has not been issued as was directed by this Court.

Since the corrigendum has been issued in terms of the observations made by this Court in order dated 01.02.2011, this

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Court is of the view that no willful disobedience of this Court’s order is made out requiring this Court to proceed further in the present matter.

It has also been informed that corrected provisional certificatecum-mark sheet has already been issued, a copy of which has been brought on record by way of an annexure to the show cause reply filed on behalf of the contemnor. The petitioner shall be at liberty to obtain an original copy of the said certificate from the University.

The contempt proceeding stands dropped accordingly.

(Chakradhari Sharan Singh) Chief Justice

S.K. Guin/P.A.

Signature Not Verified

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2024 15:31:26

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