PRAVU CHARAN MOHANTY Vs. NIMAI CHARAN SWAIN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. Behera, learned Standing Counsel for the School & Mass Education Department, Orissa, Bhubaneswar in as much as he has entered appearance for the said opposite party as appears from the counter affidavit.

(2.) OPERATIVE portion of the order dated 22.2.1999 which was passed in O.J.C. No.8433 of 1997 reads as hereunder : -

(3.) LEARNED Standing Counsel wants to argue on merit justifying the said order, obviously with a view in challenging to the above quoted direction of this Court in O.J.C. No.8433 of 1997. In a recent decision of the Apex Court reported in 2004 AIR SCW 4812 (State of Bihar and others v. Rajendra Singh and another) the Apex Court has cautioned that while dealing with Contempt Application there cannot be a departure from the decision and direction issued in the order whose violation is the subject matter of Contempt Proceeding. Their Lordships propounded that :