Extracted from the PDF above. The PDF is authoritative.
Page 1 of 5.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31175 of 2025
Sidhartha Shankar Dash
…. Petitioner
Mr. A.K. Dash, Adv.
-versus- State of Odisha & Anr. ….
Opp. Parties
Mr. A. Tripathy, AGA
CORAM:
THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER
23.04.2026
2.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Parties.
3. The present Writ Petition has been filed inter alia with the following prayer.
“Therefore the petitioner prays before this Hon’ble Court that the order of this Hon’ble Court has not yet been complied as the signature of the petitioner is not available in the compliance affidavit dtd.02.04.2026 showing to be received the letter No.2851/DPP dated 01.08.2018 (the rejection of representation) nor the said rejection order is filed in the compliance affidavit as such they may be directed to file the acknowledgment receipt to the petitioner in Court; And may pass any other order(s)/direction(s) as would deem fit and proper.
Page 2 of 5.
And for this act of kindness, the petitioner as in duty bound, shall ever pray.”
4.
Learned counsel appearing for the Petitioner contended that order passed by the Tribunal on 30.07.2018 in O.A. No.2010(C) of 2018 and on 19.11.2018 in O.A. No.2336(C) of 2018 under Annexure-2-Series when was not implemented, Petitioner approached this Court by filing W.P.(C) No.26870 of
2023. Petitioner also challenged the show cause issued on 26.12.2018.
4.1. It is contended that the said Writ Petition was disposed of vide order dated 29.08.2023 inter alia with the following direction so contained in para-7 and 8 of the order.
“7. Considering the submissions made by learned counsels appearing for the parties, on a careful examination of the background facts of the case and further keeping in view the limited nature of grievance involved in the present case, this Court deems it proper to dispose of the writ application by directing the Principal Secretary, Home Department, Bhubaneswar- Opposite Party No.1 to take a decision pursuant to the orders of the learned Tribunal under Annexures-4 and 7 to the writ application specifically referred to in the paragraph in accordance with law within a period of six weeks from the date of production of certified copy of this
order. Decision so taken shall be communicated to the petitioner within a week thereafter.
8. It is further directed that while considering the representation of the petitioner, the Opposite Party No.1 shall keep in mind the vacancy position and accordingly, take a decision while going with the orders passed by the learned Tribunal.”
4.2. It is contended that order passed by this Court on 29.08.2023 in W.P.(C) No. 26870 of 2023 under Annexure-2-Series when was not implemented,
Page 3 of 5.
Petitioner filed CONTC No.2687 of 2024. The said Contempt Petition was
disposed of on 06.12.2024 inter alia with the following order.
“4. I have perused the said order dated 02.04.2024. It appears that the Additional Chief Secretary has taken into account the aforesaid orders passed by the Tribunal. In my considered view, no case of intentional disobedience of this Court’s order is made out.”
4.3. It is contended that thereafter Petitioner filed CONTC No.1633 of 2025 and the said Contempt application was disposed of vide order dated 17.10.2025 under Annexure-1 by holding that the Contempt application was not maintainable in view of order dated 06.12.2024 passed in CONTC No.2687 of 2024.
4.4. Petitioner vide the order dated 17.10.2025 was further permitted to challenge order dated 02.04.2024 so passed by the Addl. Chief Secretary, Home Dept., Govt. of Odisha. Learned counsel appearing for the Petitioner contended that since the order passed by the Tribunal in O.A. No.2010(C) of 2018 and O.A. No.2336 (C) of 2018 were never implemented and order dated 02.04.2024 was never communicated to the Petitioner, the present Writ Petition has been filed with a prayer to direct the Opp. Parties to provide the acknowledgement showing receipt of order dated 02.04.2024 by the Petitioner. It is accordingly contended that direction be issued to the Opp. Parties to provide copy of order dated 02.04.2024.
5. Mr. A. Tripathy, learned Addl. Govt. Advocate on the other hand contended that, orders passed by the Tribunal under O.A. No.2010(C) of 2018 and O.A. No. 2336 (C) of 2018 when was not implemented, Petitioner moved
Page 4 of 5.
this Court by filing W.P.(C) No.36870 of 2023. The said Writ Petition was
disposed of with direction on the Opp. Party No.1 to take a decision pursuant to the orders passed by the Tribunal in the above note two (2) original applications. Seeking compliance of order dated 29.08.2023 so passed in W.P.(C) No.26870 of 2023, Petitioner when filed CONTC No.2687 of 2024, the said Petition was disposed of vide order dated 06.12.2024, inter alia giving liberty to the Petitioner to challenge order dated 02.04.2024, so passed by Opp. Party No.1 while complying the orders passed by the Tribunal.
5.1. On the face of such order passed by this Court on 06.12.2024 in CONTC No.2687 of 2024, when Petitioner filed another Contempt Petition in CONTC No.1633 of 2025, the said application was also disposed of as not maintainable vide order dated 17.10.2025 under Annexure-1. Vide the said order, this Court allowed the Petitioner to challenge order dated 02.04.2024, wherein claim of the Petitioner was rejected while implementing the order passed by the Tribunal originally.
5.2. It is accordingly contended that since Petitioner instead of challenging
order dated 02.04.2024, has filed the present Writ Petition seeking a direction on the Opp. Parties to provide the acknowledgement showing receipt of order dated 02.04.2024, the present Writ Petition with the prayer as made is not entertainable.
6. Having heard learned counsel for the Parties and considering the submission made, this Court finds that Petitioner while continuing as a Cadre APP, he approached the Tribunal by filing O.A. No.2010(C) of 2018 and O.A. No. 2336 (C) of 2018. Both the original applications were disposed of on dated 30.07.2018 and 19.11.2018 respectively, vide orders under Annexure-2- Series. When the orders passed by the Tribunal in the above noted two (2)
Page 5 of 5.
original applications were not implemented, seeking its implementation, Petitioner again approached this Court by filing W.P.(C) No.26870 of 2023.
6.1. This Court vide order dated 29.08.2023 disposed of the Writ Petition with a direction on the Opp. Party No.1 to comply with the orders passed by the Tribunal in the above noted two (2) original applications, within a period of six (6) weeks from the date of receipt of the order.
6.2. Seeking compliance of order dated 29.08.2023, Petitioner when filed CONTC No.2687 of 2024, the same was disposed of vide order dated 06.12.2024, inter alia permitting the Petitioner to challenge order dated
02.04.2024. On the face of such order passed by this Court in CONTC No.2687 of 2024, Petitioner when filed CONTC No.1633 of 2025 seeking compliance of order dated 29.08.2023, vide order dated 17.10.2025 under Annexure-1-Series, the Contempt Petition was held as not maintainable and Petitioner was permitted to challenge order dated 02.04.2024.
6.3. If as contended in the Writ Petition, Petitioner has not yet been provided with order dated 02.04.2024, showing rejection of his claim, it is open for the Petitioner to move a proper application in the disposed of CONTC No.2687 of 2024.
7. The Writ Petition accordingly stands disposed of with the aforesaid liberty.
(BIRAJA PRASANNA SATAPATHY) Judge
Jyoti