BALARAM KHETI v. ER. NARESH KUMAR BARIK, EXECUTIVE ENGINR., TEL IRRIGATION DIVISION, SONEPUR
CONTC/8165/2024 · 2025-02-14
Aditya Kumar Mohapatra
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 64901 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64901 (ORI) · dailylaw.ai ]
Judgment text
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Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.8165 of 2024 Balaram Kheti ..... Petitioner
Represented By Adv. - M/s Prafulla Kumar Mohapatra , S.c.sahoo -versus- Er. Naresh Kumar Barik, Executive Enginr., Tel Irrigation Division, Sonepur ..... Opposite Party/Contemnor
Represented By Adv. –Mr.
U.C.Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 14.02.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Alleging non-compliance of order dated 11.03.2024 passed in W.P.(C) No.4732 of 2024 the petitioner has approached this Court by filing the present contempt application.
3.
Learned counsel for the petitioner at the outset contended that
order dated 11.03.2024 was duly communicated to the Opposite parties. He further submitted that after receiving a copy of order dated 11.03.2024, the proceeding was initiated on 12.09.2024 by the Collector & District Magistrate, Subarnapur. Further, referring to the order passed in the said proceeding under Annexure-2 to the contempt application
learned counsel for the petitioner submitted that the Collector & District
Page 2 of 2. Magistrate, Subarnapur has categorically held that no departmental proceeding whatsoever has been initiated against the present petitioner. Therefore, the case of the petitioner should be considered for promotion. Accordingly, he has ordered for a fresh DPC meeting to be convened following the due procedure of law, at the earlier possible. The grievance of the petitioner in the contempt proceeding is that despite such order that by the Collector & District Magistrate, Subarnapur, no DPC has been convened to consider the case of the petitioner for promotion, which runs contrary to the direction given by this Court on 11.03.2024.
4.
Learned counsel for the Contemnors on the other hand contended that the part of order has already been complied with by the Collector & District Magistrate, Subarnapur, however, so far other part is concerned Opposite Party be given some more time to take follow-up action.
5. Considering the request made by the learned counsel for the contemnor, the contemnor is granted further six weeks’ time to implement the order dated 11.03.2024, taking into consideration the
order under Annexure-2. In the event the Opposite party fails to implement the order 11.03.2024, he shall be asked to appear before this Court and explain as to why he shall not be proceeded against for wilful and deliberate violation of this court’s order dated 11.03.2024.
6. With the aforesaid observations/directions the contempt proceeding is dropped.
( A.K. Mohapatra)
Judge Rubi