Bichitra Kumar Jena vs Dr.Sanjeev Ranjan
2023 Latest Caselaw 3425 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CONTC No.1267 of 2021

Bichitra Kumar Jena                    .....                                    Petitioner
                                                              Mr.S.K.Purohit, Advocate
                                       Vs.
Dr.Sanjeev Ranjan, Secy. Ministry      .....                Opposite Parties/Contemnors
of Shipping and Transport & Ors.
                                                                 Mr.S.P.Dhal, Advocate

                         CORAM: JUSTICE SANJAY KUMAR MISHRA

                                              ORDER

13.04.2023 Order No. This matter is taken up through hybrid mode.

12.

2. Mr.S.K.Purohit, learned Counsel for the Petitioner, so also Mr.S.P.Dhal, learned Counsel for the Opposite Parties/Contemnors are present.

3. Mr.Purohit, relying on the Order passed by the apex Court in Fazalullah Khan v. M.Akbar Contractor (D) By LRS. & Ors., I.A. No.27524 of 2019 in Civil Appeal No(s). 6088 of 2011 vide which the Order dated 25th April, 2022 passed in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr v. Central Bureau of investigation, was clarified, order dated 25th March, 2022 passed in State of U.P. THR. Secretary and ors. v. Prem Chopra ( Civil Appeal No.2417 of 2022) , so also the interim order passed in the first division Bench in W.P.(C) No. 9095 of 2020, which is annexed to the contempt petition as at Annexure- 4, submits that though the contractual period of engagement of the Petitioner was last extended vide order dated 18th February, 2020 till 25th August, 2020, relying on the judgment passed by the Supreme Court in Asian Resurfacing of Road Agency (supra) and misinterpreting the said judgment, the Petitioner has been disengaged by not renewing his contractual period further beyond 25th August, 2020.

4. Mr.Dhal, learned Counsel for the Opposite Parties/Contemnors draws attention of this Court as to the averments made in para -5 of the Additional Show Cause Affidavit filed by the Opposite Party Nos.2 & 3 in pursuance of Order dated 17th February, 2023 and dated 10th March, 2023, which is extracted below:-

"That, the submission of the petitioner at Para 2 of his contempt petition that the case, i.e.W.P.(C) No.9568 /2017 was last listed on 02.08.2017 where the interim order was extended till next date of listing and thereafter the same was not listed as per direction of this Hon'ble Court, Hence in view of Para 35 and 36 of the Hon'ble Apex Court's Judgment dtd.28.03.2018 in Criminal Appeal Nos.1375-1376 of 2013 (Asian Resurfacing of Road Agency Pvt. Ltd. & anr. Vrs Central Bureau of investigation), the stay order passed by this Hon'ble Court expired on28.09.2018. However with sympathy to the petitioner he was allowed to work till 26.08.2020. Similarly, this hon'ble High Court in their Lordships division bench on 22.04.2021, relying on the aforesaid judgment, dropped one contempt proceeding, i.e. CONTC No.1886/2019 (Kuna Ramanjaneyulu Vrs. C.R.Marandi and others)"

(Emphasis Supplied)

5. He further submits, in view of the Order passed by the apex Court in Asian Resurfacing of Road Agency (Supra), the contempt proceeding against the present Opposite Parties is not maintainable. Rather, the Petitioner may file an interim application in writ Petition for appropriate direction to reengage him in terms of the clarificatory orders passed by the apex Court from time to time, so also the first division Bench of this Court.

6. After going through the clarificatory Orders passed by the apex Court, so also interim passed by the first division Bench, so also submissions made by the learned Counsel for the parties, this Court is not satisfied with the explanation tended by the Opposite Parties in form of

Additional Show Cause Affidavit dated 23rd March, 2023, more particularly because of the averments made in para-5 of the said Additional Affidavit, wherein it has been categorically stated that though the stay Order passed by this Court allegely expired on 28th September, 2018 in view of the judgment of the apex Court in Asian Resurfacing of Road Agency (Supra), still the Petitioner was allowed to continue till 26th August, 2020 with sympathy. Further, this Court is of the view that in view of the Interim Order dated 31 August, 2020 passed in W.P.(C) No.9095 of 2020, which was in vogue till 15th October, 2020 and thereafter also, the Opposite Parties/Contemnors should not have disengaged the Petitioner after 26th August, 2020 without seeking for any clarification from this Court.

7. At this juncture, learned Counsel for the Opposite Parties/ Contemnors prays for some time to seek instruction from his clients and file better Compliance Affidavit. The same is allowed.

8. Compliance Affidavit be filed by 27th April, 2023 after serving copy of the same on learned Counsel for the Petitioner.

9. Matter be listed on 5th May, 2023.

(S.K.MISHRA) JUDGE Banita