Narayan Jena ` vs Shalini Pandit
2025 Latest Caselaw 7682 Ori

Orissa High Court

Narayan Jena ` vs Shalini Pandit on 30 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CONTC No. 1322 of 2025

            Narayan Jena                `....                    Petitioner
                                                          Represented by
                                                          Mr. B.Routray,
                                                         Senior Advocate
                                         -Versus -
            Shalini       Pandit,         ....             Opposite Parties
            Commnr.cum.Secy., S                           Represented by
            and ME Dept. And Ors
                                                                    AGA


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                        ORDER_
Order No.                               30.04.2025
   01.
              1.

This matter is taken up through hybrid mode.

2. Mr. B.Routray, learned Senior counsel appearing for the petitioner submits that though a writ appeal is said to have been filed against the judgment passed by this Court in the writ application, neither the same has been admitted nor any interim order of stay has been passed. Mr. Routray cites the judgment of the Supreme Court in the case of Sanjiv Kumar Singh vrs. State of Bihar & Ors reported in 2023 Livelaw (SC)63 wherein it was categorically held that mere filing of a writ appeal without any interim order being passed would not operate as stay of the order passed by this Court. Moreover, in an earlier contempt application being CONTC No. 1581 of 2024, a co-ordinate Bench of this Court specifically disposed of the said application by granting one month time to the contemnors to comply with the order with the rider that Page | 1 if the order is not complied with within the extended time, it will be held as deliberate violation of this Court.

3. Mr. Routray, learned Senior counsel also cites the instance of a judgment of this Court being complied with subject to outcome of the writ appeal filed against him. Therefore, there is no reason as to why similar order shall not be passed in respect of the petitioner, who was directed to be reinstated as per judgment passed way back on 15.03.2023.

4. The State counsel shall obtain instructions specifically taking note of the observations made in this order and apprise this Court accordingly.

5. List this matter on 14.05.2025.

6. A free copy of this order be handed over to Mr. Behera, learned State counsel for compliance.

                                                                           (Sashikanta Mishra)
                                                                                 Judge
    Deepak
Date: 30-Apr-2025 19:26:17                                                                  Page | 2