KHETRABASI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was the District Inspector of Schools, Pattamundai at the relevant time and has been found guilty of contempt of this Court for having wilfully violated this Court's order dated 21-6-90 passed in O.J.C. No. 1334 of 1990 in not disbursing the salary of the petitioner and other benefits due to the writ petitioner in O.J.C. 1334 of 1990 within the time prescribed by this Court as was indicated in the order dated 21-6-90 and has been sentenced to civil imprisonment for a period of one month on that account by the order dated 10-2-92 passed in Original Crl. Misc. Case No. 13 of 1991.

(2.) The contemner has filed an affidavit dated 21-2-92 bringing certain facts to the knowledge of this Court which he considers relevant for the case. This petition has been numbered as Misc. Case No. 24 of 1992. In this Misc. case the petitioner has not made any prayer for any relief and on the very same day another petition has also been filed by the same contemner for stay of execution of warrant of arrest and also for staying the implementation of the order passed on 10-2-92 in Original Crl. Misc. Case No. 13 of 1991 in view of the facts stated in Misc. case No. 24 of 1992. Since the court wanted to be satisfied if such applications are entertainable at this stage after the Original Cri. Misc. case has been disposed of finally by the order dated 10-2-92, the Misc. cases were posted for hearing only on the point of maintainability.

(3.) The Hon'ble Supreme Court in the case of State of Orissa v. Rama Chandra Agrawalla etc. reported in AIR 1979 SC 87 : (1979 Cri LJ 33), held thus