Orissa High Court
Bhagirathi Majhi vs Dr. Sudhanshu Sarangi on 20 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.3071 of 2024
Bhagirathi Majhi ..... Petitioner
Represented By Adv. -
Mr. Subhransu Bhusan
Mohanty
-versus-
Dr. Sudhanshu Sarangi, ..... Opposite Parties/
Director General, Civil Aviation Contemnors
and Fire Service, Cuttack and Represented By Adv. -
another. Mr. Chandra Madhab
Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
20.06.2025
Order No.
07. 1. This matter is taken up through Hybrid Arrangement
(Virtual/ Physical Mode).
2. It is stated by the learned counsel for the Petitioner that
W.P.(C) No.3715 of 2016 was disposed of vide a common
judgment dated 23.12.2022 along with two similar matters. By
virtue of the judgment dated 23.12.2022, this Court after a detailed
analysis of the submissions as well as the pleadings of the
respective parties, quashed the memo No.5787 dated 02.06.2015
by the Commandant General, Home Guard, Odisha. A further
direction was given to the Commandant General, Home Guard,
Odisha to consider the case of the Petitioner in the light of the
order passed by the coordinate Bench of this Court in W.P.(C)
No.15889 of 2015 as well as in terms of the police circular order
No.2 of 2016 and subject to availability of the vacancies, the
Petitioner shall be given appointment immediately as Home Guard
against the existing vacancy by the Opposite Party No.2. Learned
counsel for the Petitioner further submitted that after disposal of
the above noted writ petition, the Petitioner initially filed CONTC
No.2505 of 2023, which was disposed of vide order dated
11.08.2023, and the contempt proceeding was dropped by granting
liberty to the Petitioner to approach the appropriate Bench for
modification/clarification of such order.
3. While the matter stood thus, the Commandant, Home
Guards, Rayagada, vide order dated 09.01.2024, recalled the order
dated 28.02.2023 in compliance to the judgment delivered by this
Court. Since no further action was taken, the Petitioner was again
compelled to approach this Court by filing the present contempt
application. During the pendency of the present contempt
application, the Opposite Parties-Contemnors took time on several
occasions to file their compliance affidavit. Finally a compliance
affidavit was filed on 18.12.2024 by the Opposite Parties-
Contemnors No.1 and 2.
4. Learned counsel for the Petitioner further submitted that
although the judgment passed by this Court on 23.12.2022 has
attained finality as no appeal has preferred by the State-Opposite
Parties, however the same has not been implemented by the
Opposite Parties-Contemnors. In such view of the matter, learned
counsel for the Petitioner submitted that the inaction of the
Opposite Parties-Contemnors amounts to willful and deliberate
violation of the judgment dated 23.12.2022 of this Court.
Accordingly, learned counsel for the Petitioner prayed that the
Opposite Parties-Contemnors be proceeded under the Contempt of
Courts Act for their willful and deliberate violation of the
judgment dated 23.12.2022 of this Court.
5. Learned counsel for the Contemnors, on the other hand,
submitted that steps were taken for implementation of the
judgment delivered by this Court on 23.12.2022. However, he
further contended that he does not have any latest instruction. On
such ground, learned counsel for the Contemnor sought for some
time to obtain instruction in the matter.
6. On a careful consideration of the submission made by the
learned counsels appearing for the respective parties and further
keeping in view the factual background of the present case, this
Court is of the view that the inaction on the part of the Opposite
Parties-Contemnors to act pursuant to the judgment dated
23.12.2022 construed an act of willful and deliberate violation of
this Court mandate. Therefore, this Court has no hesitation in
coming to a concussion that the Contemnors are liable under the
Contempt of Courts Act.
7. However, on the request of the learned counsel for the
Contemnors, as a last chance, the Contemnors are granted four
weeks' time to implement the judgment dated 23.12.2022 passed
by this Court in W.P.(C) No.3715 of 2016. In the event the
judgment is not implemented within the aforesaid stipulated period
of time, the Contemnors shall appear in person before this Court
on 25th July, 2025 at 10.30 A.M. However, it is made clear that in
the event the judgment dated 23.12.2022 is implemented, the
direction for personal appearance of the Contemnors shall
automatically stand revoked.
8. List this matter on 25th July, 2025.
9. A free copy of this order be handed over to the learned
Additional Standing Counsel appearing for the Contemnors for its
onward transmission to the Contemnors to do the needful.
( A.K. Mohapatra )
Judge
Debasis
