Orissa High Court
Ashok Kumar Mohanty vs Ashwani Kumar on 12 March, 2025
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.7995 of 2024
Ashok Kumar Mohanty .... Petitioner
Mr. Ramesh Chandra Nayak, Advocate
-versus-
Ashwani Kumar, MD and .... Opp.parties
C.E.O. UCO Bank, Kolkata
Mr. T. Roy, Advocate
Mr. D. Gochhayat, CGC
CORAM:
JUSTICE M.S.SAHOO
ORDER
12.03.2025
Hybrid Mode
Order No.
01. 1. Heard Mr. Ramesh Chandra Nayak, learned counsel for
the petitioner.
It is submitted that there has been willful and
deliberate violation of the Court's order inasmuch as after
communication of the order by e-mail and registered post
with A.D. the receipt of which have been filed and copy of
the e-mail has been enclosed to the petition, there has been
further deductions in violation of this Court's order, interim
order dated 1st October, 2024. The operative portion of the
interim order is reproduced below :
"5. Having heard learned counsel for the petitioner
and the learned CGC, as an interim measure, it is
directed that no further recovery shall be made from
the pension of the petitioner towards commuted value
of pension. The recovery made towards commuted
value of pension till date, shall be subject to result of
the writ petition. The petitioner also undertakes to
abide by further directions that would be made by this
Court regarding his liability for payment of the
installment towards commuted value of pension."
2. Issue notice to the opposite parties/alleged contemnor
nos.3 and 4 why appropriate action shall not be initiated
against them for violation of the interim order passed by this
Court dated 01.10.2024.
Mr. Roy, learned counsel appears on behalf of opposite
party nos.3 and 4 and waives notice. He submits that since
he has already appeared for those opposite parties in the
connected writ petition, he may be provided with extra
copies of the contempt petition.
Mr. Gochhayat, learned CGC appears on behalf of
opposite party nos.1 and 2. He submits that the opposite
party nos.1 and 2 have no role to play as far as compliance
of this Court's interim order dated 01.10.2024.
3. Mr. Roy, learned counsel appearing on behalf of the
alleged contemnor submits that he has no instruction as to
whether the orders have been received by his clients. It is
submitted that the similar orders passed by another High
Court, i.e., the Punjab and Harayna High Court has been
stayed by the Hon'ble Supreme Court. It is further
submitted that in similar matter against the order passed by
this Court, the Bank has filed writ appeal pending before
this Court.
4. On being asked whether anything turns on the
submissions made today on behalf of alleged contemnors
regarding non-compliance of the interim order dated
01.10.2024, Mr. Roy fairly submits that nothing my turn on
his submissions made today as far as non-compliance is
concerned.
5. It is submitted by the learned counsel that judicial
interference is uncalled for in a statute as has been already
decided by Punjab and Harayana High Court judgment.
In considered opinion of this Court, such contention is
misconceived as the contempt petition has been filed
alleging non-compliance of an interim order with notices
being issued to the opposite party nos.3 and 4 without there
being any adjudication on merits. There has been no petition
for variation of any interim order despite issuance of notice
on 01.10.2024. The opposite parties have filed their counter
by affidavit dated 14th February, 2025. Yet there has been no
petition for variance or modification or recall of any order.
6. It is submitted by the learned counsel for the
opposite party nos.3 and 4 that the matter may be listed on
2nd April, 2025.
At the request of Mr. Roy, learned counsel for the
opposite party nos.3 and 4, the matter stands adjourned.
List on 26.03.2025.
(M.S.Sahoo)
Judge
Gs
