Subhankari Das & Others vs Opp. Parties
2025 Latest Caselaw 10772 Ori

Orissa High Court

Subhankari Das & Others vs Opp. Parties on 8 December, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.34325 of 2025

              Subhankari Das & others           ....      Petitioners


                                  Mr. Manoj Kumar Mishra, Senior
                                  Advocate

                                     -versus-
                                                 Opp. Parties
              Sanjay Jaju, Secretary,      ....
              Ministry of Information
              and Broadcasting, New
              Delhi & others
                                Mr. P.K. Parhi, D.S.G.I.
                                Mr. R.K. Behera, Advocate

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S.S. MISHRA

                                 ORDER

Order No.                      08.12.2025
   02.          This    matter is taken up            through    Hybrid

arrangement (video conferencing/physical mode). This writ petition has been filed by the petitioners challenging the order dated 26.09.2025 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in C.P. No.260/00069 of 2024 in dismissing the C.P. It appears that the said C.P. was filed for non- compliance of the order dated 13.07.2023 passed by the learned Central Administrative Tribunal in O.A. No.163 of 2018 in which the opposite parties were

directed to regularize the services of the petitioners from the initial date of their joining with all the consequential benefits and the entire exercise to be completed within a period of 90 days from the date of receipt of a copy of the order.

Preliminary objection was raised by Mr. P.K. Parhi, learned Deputy Solicitor General of India that the writ petition is not maintainable against the order passed by the learned Central Administrative Tribunal in dropping the contempt proceeding. However, Mr. Manoj Kumar Mishra, learned Senior Advocate appearing for the petitioners drew the attention of this Court to the signed order dated 02.12.2024 passed by the Hon'ble Supreme Court in the case of Brajendra Singh Chauhan & Ors. vs. Giridhar Aramane & Anr. in Civil Appeal No(S). @ SLP (C) No.10302/2024, wherein it is held as follows:

"1. We find that in view of the judgment of this Court in Midnapore Peoples' Coop. Bank Ltd. and Others v. Chunilal Nanda and Others, reported in (2006) 5 SCC 399, an order holding that the respondents are not guilty of contempt was not an appealable order.

2. In view of the law laid down by this Court, the only remedy and that too in exceptional cases to a person aggrieved by the order of the tribunal was to challenge the same by way of writ petition under Article 226 of the Constitution of India before the High Court."

In view of such decision, there is no dispute that the writ petition is maintainable.

A mention is made by Mr. R.K. Behera, learned counsel appearing on behalf of Mr. Partha Sarathi Nayak, learned counsel for the opposite party no.3 that since there is bereavement in the family of Mr. Nayak, the matter may be taken on some other day.

Mr. Manoj Kumar Mishra, learned Senior Advocate for the petitioners has no objection to such prayer.

List this matter on 22.12.2025.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 08-Dec-2025 18:33:49