Orissa High Court
Banita Sahu And Others vs Vishal Kumar Dev on 23 October, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC Nos.126 & 127 of 2024
Banita Sahu and others ..... Petitioners
Mr. B. Routray, Sr. Advocate
with Mr. S. Routray, Advocate
-Versus-
Vishal Kumar Dev, IAS and ..... Opp.Parties
others
Mr. S.N.Patnaik, A.G.A
Mr. P.K.Parhi, D.S.G.I. with
Mr. S. Panda, C.G.C.
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
23.10.2025.
Order No. 1. These matters are taken up through hybrid mode.
16. 2. An application has been filed by the Opp.Party No.3-Contemnor
requesting to permit him to appear through virtual mode on the ground
that it is not feasible to appear physically due to certain urgent public
works.
3. The Opp.Party No.3 appears in virtual mode and submits that he is
unable to appear because of a meeting, which he is required to attend.
This is not an acceptable ground to dispense with the personal
appearance of the Opp.Party No.3-Contemnor.
4. The orders dated 03.9.2025 as well as 09.10.2025 passed by this
Court leave no room for any doubt as regards the steps to be taken by
the contemnors pursuant to the judgment passed by this Court. This
presents a sorry state of affairs, as, despite repeated opportunities, the
judgment of this Court remains unimplemented. This Court therefore,
prima facie, holds the Opposite Parties to have committed contempt of
this Court.
5. He requests for further opportunity to appear before this Court at
3.00 p.m. and to make necessary submissions. Prayer is allowed.
6. This matter shall be taken up later at 3.00 P.M.
(Sashikanta Mishra)
Judge
Later (3.00 P.M.)
7. As directed, the Opp.Party No.3-Mr. Parameswar B is present in
person. He submits that though the posts have been created by the
Finance Department as directed by this Court in the judgment, the
entire funding of the society is done by the NESTS, which is a
Government of India concern. Since NESTS has not yet agreed for
regularization of these Petitioners, the State Government is unable to
comply with the judgment.
8. Mr. P.K.Parhi, learned D.S.G.I. submits that though the show
cause affidavit has been filed on behalf of the Opp.Party No.5-
Contemnor he would seek further instructions as to how the judgment
of this Court can be complied with in letter and spirit.
9. This Court makes it clear that as long as the judgment remains
operative, there can be no other interpretation or action taken contrary
to it as per the principle of rule of law. The judgment not having been
challenged before the higher forum has to be complied with.
10. Mr. Parhi, learned D.S.G.I. requests for a short adjournment in
order to seek appropriate instructions from the Opp.Party No.5. This
Court hopes and trusts that better sense shall prevail and the judgment
of this Court shall be complied with in letter and spirit by all the
concerned authorities.
11. The inter se liability and responsibility of the State and Central
Governments in this matter is something that has to be sorted out
between them. Full compliance affidavit shall be filed on the next date
indicating such fact.
12. List this matter on 06.11.2025. The personal appearance of
Mr. Parameswar B. is dispensed with for the time being. He shall again
appear before this Court on the next date. The Opp.Party No.5 shall
also appear in person.
13. It is made clear that if the judgment has been complied with in the
meantime, the aforementioned parties need not appear.
(Sashikanta Mishra)
Judge
AKB
Location: High Court of Orissa, Cuttack
