Orissa High Court
Ashribad Mohapatro vs Raj Kumar Sharma on 31 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.4688 of 2022
Ashribad Mohapatro .... Petitioner
Mr. Subhankar Rout, Advocate
-versus-
Raj Kumar Sharma,
Additional Chief Secretary
of Health and Family
Welfare Department,
Bhubaneswar, Khurda and
Another .... Contemnors/
Opp. Parties
Mr. L. Samantaray, AGA
CORAM:
JUSTICE JASWANT SINGH
JUSTICE M.S. SAHOO
ORDER (Oral)
31.10.2022
Order No.
02. This matter is taken up through hybrid arrangement.
1. Petitioner had challenged before the Odisha
Administrative Tribunal in O.A. No.1267 of 2012 the
appointment of one Bijaya Kumar Sahoo for the post
of Pharmacist on his selection by way of direct
recruitment against UR(PH) post, inter alia on the
ground that the said Mr. Sahoo had produced a fake
permanent disability certificate. The said O.A. was
disposed of with a direction to the Secretary, Health
& Family Welfare Department, Odisha to take
appropriate action on the inquiry report submitted
regarding the issuance of fake permanent disability
certificate in favour of Mr. Sahoo, who then
challenged the said order by filing a Writ Petition
// 2 //
bearing W.P.(C) No.11764 of 2014 before this
Court, which came to be disposed of vide a
detailed judgment dated 25th March, 2022. The
said order dated 25th March, 2022 directed the
authority concerned to satisfy itself with regard to the
appointment of Mr. Sahoo under the UR(PH) category
by first letting the petitioner (Mr. Sahoo) appear
before the Appellate Medical Board, SCB Medial
College and Hospital, Cuttack and thereafter based
on the report of such examination take follow up
action in accordance with law.
Since needful was not done within the stipulated
time, hence the present Contempt Petition.
2. At the time of hearing today, Mr. Samantaray
has produced before us a copy of the letter dated 1st
August, 2022 issued by the Government of Odisha,
Health & Family Welfare Department to the office of
Advocate General, Odisha, Cuttack, which is taken
on record. The operative portion of the letter reads as
under:
"It is submitted that, the order dtd. 25.03.2022 of
the Hon'ble High Court passed in W.P.(C)
No.11764/32014 has already been complied by
the Appellate Medial Board under the
chairmanship of Director Medical Education &
Training, Odisha at SCB MC & H, Cuttack on
11.04.2022 and the report has been
communicated to the CDM & PHO, Khordha for
necessary follow up action as mentioned above".
3. In view of the above, it cannot be denied that the
orders passed by this Court stand duly complied with
and accordingly the present Contempt Petition does
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not warrant to be pursued any further. Accordingly,
contempt proceedings are dropped.
(Jaswant Singh)
Judge
(M.S. Sahoo)
Judge
Sipun 31st October, 2022
Cuttack
