ARATI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present contempt application has been filed under Contempt of Courts Act, 1971 by the Petitioner Smt. Arati Das on the allegation that the Opposite Parties have willfully and intentionally not complied with the Order dated 16.12.2004 passed by this Court in W.P.(C) No. 5819 of 2003 which is quoted herein below: Heard Learned Counsel for the Petitioner and the Learned Counsel for the State. Learned Counsel for the State on instruction submits that the Director, Higher Education has taken steps for implementation of several orders passed by the Education Tribunal. On consideration of such submission, it is directed that the order of the State Education Tribunal passed in G.I.A. Case No. 28 of 2002 on 12.12.2002 be implemented as early as possible, preferably within a period of four months from the date of communication of this order. Requisites for communication of this order along with copy of the Writ Petition to the Opposite Parties 1 and 2 be filled by 20.12.2004. The Writ Petition and Misc. case are disposed of. It would be worthwhile to mention here that prior to passing the aforesaid order, this Court vide Order dated 28.7.2003 had granted a week's time to the State to obtain instruction as to why the Order dated 11.12.2002 passed by the Education Tribunal, Orissa in G.I.A. Case No. 28 of 2002 has not been given effect and further by Order dated 18.11.2004 further adjournment was granted permitting the State Counsel to obtain instruction on the aforesaid matter and therefore, ultimately after necessary instruction were obtained by the Learned State Counsel, the Order dated 16.12.2004, as noted herein above was passed.

(2.) IT is necessary at this stage to take note of various events, and orders passed earlier, which have a direct bearing on the present case. 1. O.J.C. No. 8765 of 1993 (disposed of on 30.8.1996)

(3.) THE Opposite Parties not having complied with the order of the State Education Tribunal dated 12.12.2002 in G.I.A. case No. 28 of 2002 and order of the Hon'ble High Court dated 16.12.2004 in W.P.(C) No. 5819 of 2003, the Petitioner having no other alternative remedy, filed this contempt application and various orders have been passed therein: