Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.6284 of 2024 Nalinikanta Behera ..... Petitioner Represented By Adv. - Trilochan Nanda, B.k.panda, D.kar -versus- Satyabrata Sahu, Addl. Chief Secretary, Forest ..... Contemnor Represented By Adv. – U.R. Jena, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 18.07.2025 Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the Contemnor. 3. Alleging violation of this Court’s order, the Petitioner has approached this Court by filing the present contempt application. 4. Learned counsel for the Petitioner at the outset contended that the order dated 04.03.2024 passed in W.P.(C) No.23356 of 2021 has not been complied with in its letter and spirit. He further submitted that although the Petitioner has been given promotion to the post of A.C.F. from the date his juniors and batchmates were given promotion to such post, however, the Petitioner has not been given promotion to the post of D.F.O. at par with his Page 2 of 3. juniors and batchmates. In the aforesaid context, he also referred to the order dated 04.03.2024. On perusal of order dated 04.03.2024, it is found that this Court had directed the Opposite Parties to consider the case of the Petitioner for promotion to the post of D.F.O. as has been given to his juniors and batchmates. 5. Learned counsel for the Contemnor on the other hand contended that vide order dated 04.03.2024 this Court had directed to consider the case of the Petitioner for promotion to the post of D.F.O. and it was directed that there are no other legal impediments, then the Petitioner be given promotion to the post of D.F.O. at par with his juniors and batchmates. Accordingly, the Opposite Parties have considered the case of the Petitioner and he was given promotion to the post of A.C.F. as he was found suitable for promotion to such post at par with his juniors and batchmates. So far promotion the post of D.F.O. is concerned, learned counsel for the Contemnor contended that the same has been rejected on the basis of an opinion given by the concerned department. He further submitted that the prayer of the Petitioner has been considered for promotion to the post of D.F.O. and the same has been rejected by a detailed order dated 15.04.2025 under Annexure-A/1 to the compliance affidavit. In such view of the matter, learned counsel for the Contemnor submitted that the Opposite Parties have not committed any wilful and deliberate act to violate of this Court’s order. 6. On a careful examination of the compliance affidavit as well as the order dated 15.04.2025, this court observes that although the Petitioner has been given promotion to the post of A.C.F., however, his case has not been considered for promotion Page 3 of 3. to the post of D.F.O. on the grounds mentioned in letter dated 15.04.2025. In such view of the matter, the contempt proceeding is dropped with liberty to the Petitioner to challenge the order dated 15.04.2025 by filing a fresh writ application in the event the Petitioner so advised. 7. Accordingly, the CONTC stands dropped. I.A. No.211 of 2025 8. In view of the order passed today in the contempt application, the personal appearance of the Contemnor is dispensed with. 9. Accordingly, the I.A. stands disposed of. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer