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Kalpana Nayak vs Prem Chandra Chaudhary
2025 Latest Caselaw 8601 Ori

Citation : 2025 Latest Caselaw 8601 Ori
Judgement Date : 22 September, 2025

Orissa High Court

Kalpana Nayak vs Prem Chandra Chaudhary on 22 September, 2025

Author: Chittaranjan Dash
Bench: Chittaranjan Dash
            IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CONTC No.2680 of 2025

                 Kalpana Nayak                     ....           Petitioner
                                                   Ms. S. Pani, Advocate

                                        -versus-

                 Prem Chandra Chaudhary,           ....         Opp. Party
                 Director of Agriculture and
                 Food Production, Odisha,
                 Bhubaneswar.
                                               Mr. R.B. Dash, Addl. P.P

                          CORAM:
        THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                        ORDER
Order No.                              22.09.2025

  01.       1.       Heard learned counsel for the Parties.

2. By means of this contempt application, the Petitioner seeks a direction to initiate the contempt proceeding against the Opposite Party i.e. Prem Chandra Chaudhary, the Director of Agriculture and Food Production, Odisha, Bhubaneswar for violation of the order dated 30.10.2024 passed by this Court in W.P.(C) No.25468 of 2024.

3. The order passed by this Court under Annexure-1 reads as follows:-

"1. Heard learned counsel for Petitioner and the State.

2. By means of this writ application, the Petitioner seeks the intervention of this Court to the effect that the husband of the Petitioner namely Raj kishore Naik was engaged as a Peon in the establishment of the Office of Deputy Director of Agriculture, Kandhamal, Phulbani.

3. Consequent upon his involvement in a criminal case connecting the offence U/s. 363/376(1)/506 of IPC, R/w. Section 4 of Protection of Child from Sexual Offences Act. In the said case the husband of the Petitioner was found guilty. For the detaintion in judicial custody from 23.08.2016 for a period exceeding 48 hours he was placed under suspension.

4. It is submitted by learned counsel for the Petitioner that though the trial court found him guilty, in the Appeal in CRLA No.479 of 2016 vide judgment dated 28.07.2022, this Court found the Petitioner not guilty and directed for his acquittal. In the mean while the Petitioner was dismissed from his service under Annexure-5. Subsequent to the acquittal, therefore, the Petitioner moved the authority for a review of the order of dismissal but before consideration of his representation he expired on 11.12.2023. After the death her husband, the Petitioner though moved a representation before the authority claiming the benefit in favour of her husband to be extended to her, the authority has paid a deaf ear to it and has not acted upon such representation as yet.

5. In view of such submission of learned counsel for the Petitioner, it is directed that the representation of the Petitioner be considered by the Director Agriculture & Food Production, Odisha,

Bhubaneswar, i.e. Opposite Party No.3 within three months from the date of filing of the certified copy of the order and shall communicate the result of the representation within a period of two weeks thereafter.

6. The writ petition is accordingly disposed of."

4. Upon passing of the said order by this Court, the Petitioner sent a representation to the concerned authority i.e. the Opposite Party on 11.11.2024 through Registered post but the same has not yet been complied.

5. The learned counsel for the State submitted that the Opposite Party has prayed for some time for compliance of the order through his letter No.23400 dated 15.07.2025. However, the learned counsel for the State is directed to take further instruction if by this time, the order has been complied.

6. List this matter on 17.10.2025.

(Chittaranjan Dash) Judge

Bijay

 
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