Orissa High Court
CONTC/1138/2021 on 3 March, 2021
CONTC No.1138 of 2021
2. 3.03.2021 Heard Mr. S. Mohanty (1), learned counsel for
Petitioner and Ms. M. Tripathy, learned counsel for the
Contemnor-Opposite Party No.2.
Pursuant to the direction of this Court dated
19.02.02021 Mr. Sunil Kumar Parth, D.I.G, GC CRPF,
Office of the Deputy Inspector General of Police, Group
Centre, CRPF, Bhubaneswar-Opposite Party No.2 is present
in Court today.
Ms. M. Tripathy, learned counsel for the Contemnor-
Opposite Party No.2 on instruction from the Opposite Party
No.2 also present in Court, makes a statement that the
order dated 8th January, 2021 is passed following a
direction being passed by one Virender Singh, Under
Secretary to the Government of India, Department of
Personnel & Training, Ministry of Personnel, Public
Grievances and Pensions through his communication dated
16th January, 2013. Copy of such Office Memorandum
produced in Court be kept on record.
This Court finds, by its order dated 26.06.2020 in
disposal of the W.P.(C) No.14187 of 2020 passed the
following :
"The matter is taken up through Video
Conferencing.
Heard Mr. B. Senapati, learned counsel for the
Petitioner and Mr. M.K. Badu, learned Central
Government Counsel.
Mr. B. Senapati, learned counsel for the
petitioner contended that this Court, vide judgment
dated 30.07.2019 in W.P.(C) No.22353 of 2011
(Prahallad Mohanty & another v. Director
General of Police, CRPF & others), directed the
opposite parties to reconsider the case of the
petitioner for compassionate appointment but, the
same has not been complied with. He further
contended that the persons, who had applied, after
the application was filed by the petitioner, have
been given appointment.
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Mr. M.K. Badu, learned Central Government
Counsel brings to the notice of this Court that the
authority has issued a letter on 06.02.2020 in
Annexure-5 to the petitioner wherein the petitioner
has been called upon for assessment of suitability
test.
But fact remains, for compassionate
appointment, assessment of suitability test is not
required, save and except the benefit has to be
extended.
Mr. M.K. Badu, learned Central Government
Counsel seeks time for compliance of the order.
Put up this matter after two weeks, by which
time Mr. M.K. Badu, learned Central Government
Counsel shall file compliance affidavit."
Bare reading of the order dated 26.06.2020 it is clear
that while recording the statement made by the counsel for
both sides, this Court while adjourning the matter to two
weeks after directed the learned Central Government
Counsel to file a compliance affidavit with the clear
observation that in the matter of compassionate
appointment, assessment of suitability test is not required,
save and except the benefit has to be extended. The
Contemnor communicated his decision by the order dated
8th January, 2021, thereby passing the order as if sitting as
an Appellate Authority over the order of the High Court. For
the positive direction of the High Court there was no scope
with the Contemnor to further deal with the matter and
passing a rejection order. Nothing prevented the authority
concerned to challenge the same in higher forum, if at all
they are aggrieved by the order of the High Court, but the
authority concerned had no competency to behave like
Appellate Authority and pass order sitting over the direction
of this Court with so many abuses and comments involving
the order dated 8th January, 2021 passed by the contemnor,
there is clear contempt of the order of this Court. It is, in
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this view of the matter this Court is not satisfied with the
explanation offered by Mr. Sunil Kumar Parth, D.I.G, GC
CRPF, Office of the Deputy Inspector General of Police,
Group Centre, CRPF, Bhubaneswar-Opposite Party No.2 as
well as his counsel Ms. M. Tripathy. In spite of issuance of
notice of personal appearance and the Contemnor-Opposite
Party No.2 having sufficient time for appearing before the
Court today, there is even no attempt to correct the action of
the Contemnor-Opposite Party at least in the meantime
rather an attempt is made by the learned counsel as well as
the Contemnor-Opposite Party No.2 to justify their order.
Therefore, while adjourning this matter to 22nd of March,
2021 this Court issues notice of punishment to Mr. Sunil
Kumar Parth, D.I.G, GC CRPF, Office of the Deputy
Inspector General of Police, Group Centre, CRPF,
Bhubaneswar-Opposite Party No.2 asking him to explain
this Court as to why he shall not be punished under the
Contempt of Courts Act. Response, if any, be filed within a
period of ten days hence with service of a copy thereof on
the other side.
Place this matter again on 22nd of March, 2021 for
hearing on the question of punishment.
Mr. Sunil Kumar Parth, D.I.G, GC CRPF, Office of the
Deputy Inspector General of Police, Group Centre, CRPF,
Bhubaneswar-Opposite Party No.2 is directed to appear in
person again in this Court on 22nd of March, 2021.
..............................
Ayas (Biswanath Rath, J.)
