Dhirendra Kumar Das vs Unknown
2023 Latest Caselaw 11644 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CONTC No.3990 of 2023

        Dhirendra Kumar Das                          ....               Applicant

                                   Mr. Bichitra Narayan Satapathy, Advocate.

                                          -versus-

        Suresh Kumar Vashishth, IAS                  ....                 Alleged
                                                                     Contemner
                                                Ms. Suman Pattanayak, AGA

                    CORAM: JUSTICE ARINDAM SINHA

Order                                    ORDER
No.                                     25.09.2023
  3.    1.        Mr. Satapathy, learned advocate appears on behalf of applicant

and submits, cognizance be taken for contempt committed by alleged contemner. Purported defence of having had filed appeal is no defence at all.

2. Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of alleged contemner and draws attention to paragraph-5 in the show cause, reproduced below.

"That, it is humbly submitted that, accordingly a Writ Appeal bearing W.A. No.1172/2023 has been filed before the Hon'ble Court Division Bench on 26.05.2023, challenging the order dated 09.05.2023 passed in W.P.(C) No.13725 of 2021 along with I.A. No.3049 of 2023 for stay on the operation of the order."

(emphasis supplied)

// 2 //

On query from Court, he prays for adjournment to inform on earlier listing of the appeal before the writ appeal Court, since, it is not presently listed.

3. Alleged contemner says the writ appeal was filed on 26th May, 2023. In paragraph-6 of the show cause submission is that steps have been taken to list the writ appeal along with I.A. for stay of operation of the order. In the circumstances, it is clear that neither the writ appeal nor the interim application were listed. Ms. Pattanayak submits, the writ appeal was once listed, after filing of the show cause dated 18th July, 2023.

4. There is serious allegation, of alleged contemner having had committed contempt by deliberate and wilful violation directions in judgment dated 9th May, 2023. In taking defence of having had filed appeal but not had opportunity to move the same as fresh admission case before the writ appeal Court, there is further implication of omission by said Court as unable to call the appeal filed on 26th May, 2023 till date as a fresh admission case.

5. Alleged contemner has till adjourned date to produce order of interference, failing which there will be adjudication of the contempt application.

6. List on 16th October, 2023.

Signature Not Verified (Arindam Sinha) Digitally Signed Judge Signed by: SISIR Sks KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Sep-2023 18:06:07