Chaitanya Behera vs Deoranjan Kumar Singh
2023 Latest Caselaw 2420 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CONTC No.7547 of 2022


            Chaitanya Behera                        ....        Petitioner(s)
                                                      Mr. K.K. Swain, Adv.

                                         -versus-

            Deoranjan Kumar Singh, I.A.S &          ....      Opposite Party(s)
            Anr.
                                                          Mr. S. Ghose, AGA

                          CORAM:
                          JUSTICE BISWANATH RATH
                          JUSTICE M.S. SAHOO

                                        ORDER

24.03.2023 Order No. I.A. No.24 of 2023

03. 1. This is an I.A. for modification of the order dated 17.01.2023 passed in CONTC No.7547 of 2022.

2. Advancing his submission through this I.A. learned counsel for Petitioner wants to bring changes in the order dated 17.01.2023 passed in CONTC No.7547 of 2022. In an attempt to comply with the rest part of the order mentioned in paragraph no.20 of the order dated 6.04.2022 passed in W.P.(C) No.289 of 2011 learned counsel for Petitioner brings to the notice of this Court that there is no compliance of the order fully. It is submitted that though there is recording of submission of the learned counsel for Opposite Party-Contemnor in the order dated 17.01.2023 on whole compliance of the direction, however, there has been false information to the Court that too in a contempt application. Learned counsel for Petitioner through the judgment in W.P.(C) No.289 of 2011 attempts to draw to the notice of this Court that there has been in fact no full compliance of the direction therein.

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3. This Court finds, after hearing both the sides vide order no.1 dated 17.01.2023, the following order has been passed:-

"1. The present Contempt Petition has been filed for the alleged violation of the directions contained in the order dated 6th April, 2022passed by this Court in W.P.(C) No.289 of 2011.

2. At the time of hearing, Mr. Samantaray, learned Additional Government Advocate states that the petitioner in compliance of the directions has since been promoted as Deputy Superintendent of Police (DSP) with retrospective effect from the date of promotion of his juniors. He further states that the consequential refixation of pay and release of revised pensionary benefits would take some substantial time but exercise completed not later than three months from today.

3. In view of the above, learned Proxy Counsel appearing on behalf of the petitioner has no objection if the present Contempt Petition is disposed of as infructuous.

4. Accordingly, the present Contempt Petition stands disposed of as infructuous.

However, liberty is granted to the petitioner to seek its revival, in case, the admissible revised pensionary benefits are not released by 30th April, 2023 by making a proper application."

4. The above order gives reflection of the submission of Additional Government Advocate made to the Court in the course of hearing. After the final order is passed in the CONTC No.7547 of 2022 there is filing of I.A. No.24 of 2023 seeking modification of the order dated 17.01.2023. This Court here looking to the fact that complain still continuing by order dated 7.02.2023 directed the Additional Government Advocate to produce the order of promotion of the applicant as Deputy Superintendent of Police (DSP) with retrospective effect from the date of promotion of his juniors. Undisputedly the appointment of Petitioner as Deputy Superintendent of Police (DSP) even not establishing full compliance of direction of this Court in disposal of W.P.(C) No.289 of 2011. This Court finds, there is clear direction in para-20 in the disposal of W.P.(C) No.289 of 2011. This Court prima facie satisfied with the submission of learned counsel for

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Petitioner on his allegation of non-compliance of the direction of this Court in disposal of Writ Petition. This Court, accordingly, in recalling of the order dated 17.01.2023 directs, the Opposite Party-Contemnors be noticed and to file his compliance affidavit in terms of the direction of this Court particularly in para 20 of the judgment in W.P.(C) No.289 of 2011 within a period of one week from the date of service of notice.

5. Let requisites in I.A. as well as Contempt Petition for issuing notice in respect of Contemnors be filed by Tuesday (28th March, 2023). Notice in both I.A. as well as Contempt Petition be issued to the Opposite Party-Contemnors fixing the date of appearance to 13th April, 2023, but one set of process fee be accepted.

6. Detail compliance affidavit be filed by 21st April, 2023.

7. This matter be listed on 24th April, 2023.

(Biswanath Rath) Judge

(M.S. Sahoo) Judge Ayaskanta Jena