Desha Ranjan Sethi vs Sanjeev Kumar Chadha
2023 Latest Caselaw 419 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CONTC No. 7741 of 2022

Desha Ranjan Sethi                  .....                                  Petitioner
                                                        Mr. S. Mohanty, Advocate
                                    Vs.
Sanjeev Kumar Chadha, P.S. to       .....                Opposite Party/Contemnor
Govt. Department of
Cooperation, BBSR
                                                               Mr. G.N.Rout, ASC

             CORAM: JUSTICE SANJAY KUMAR MISHRA

                                           ORDER

11.01.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. S. Mohanty, learned Counsel for the Petitioner.

3. Mr. Mohanty, learned Counsel for the Petitioner submits that vide Order dated 15.07.2022, in W.P.(C) No. 15352 of 2020, the coordinate Bench directed the Disciplinary Authority to conclude the Departmental Proceeding within three months from the date of production of the certified copy of the said order and the same was produced on 22.07.2022.

4. The coordinate Bench further directed that in the event any DPC is convened to consider the case of promotion and the Petitioner is found eligible to be considered for promotion to the next higher post, then it is open for the authorities to consider the case of the petitioner by adopting the procedure of sealed cover method and the same shall not be opened till final disposal of the Disciplinary Proceeding.

5. He further submits that though the said Order was communicated to the authority concerned on 22.07.2022, because of

non compliance of the said Order passed by the coordinate Bench dated 15.07.2022, petitioner was constrained to file CONTC No. 6469 of 2022 and the same was disposed of at the stage of admission vide on 04.11.2022 giving further four weeks time for compliance of the Order dated 15.07.2022 passed in W.P.(C) No. 15352 of 2020 from date of service of the certified copy of the said Order, provided the operation of order/judgment has not been stayed by higher forum and to file compliance report before the Registry within one week thereafter.

6. It was further Ordered that if the Opposite Party-Contemnor fails to comply the said Order within the time stipulated, then the contemnor will be asked to appear before this Court in person.

7. Mr. S. Mohanty, learned Counsel for the Petitioner submits that despite Order dated 04.11.2022 passed in CONTC No. 6469 of 2022, which was communicated to the Contemnor vide Registered Post with A.D. and the same was duly delivered on 14.11.2022, till date both the Orders passed in W.P.(C) No. 15352 of 2022 and in CONTC No. 6469 of 2022 have been complied with by the contemnor.

8. Mr. Mohanty, further submits that after the Order passed by this Court in W.P.(C) No. 15352 of 2022, which was communicated to the contemnor on 22.07.2022, though the DPC was convened twice i.e. one before filing of the contempt petition and the another was after filing of the present contempt petition, the case of the Petitioner was not considered for promotion, even though juniors to him were promoted to the post of Joint Registrar Level (II) and again to the post of Joint Registrar Level(I). The petitioner is going to retire on 31st January, 2023.

9. Since Mr. G.N. Rout, learned ASC accepts notice on behalf of the Contemnor, who being an Officer of the State, and prays for some time to take instruction and file Compliance Affidavit, a copy of the contempt petition with enclosures be served on him by tomorrow (12.01.2023).

10. Matter be listed on 27th January, 2023.

(S.K. MISHRA) JUDGE Banita