Orissa High Court
CONTC/769/2023 of DR.BANA BIHARI DAS Vs SHALINUI PANDIT, I.A.S. on 21 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.769 of 2023 [CNR No.- ODHC010086062023] Dr. Bana Bihari Das Mohapatra …. Petitioner Mr. Mohit Mohanty, Advocate, on behalf of Mr. Nirmal Chandra Mohanty, Advocate -versus- Shalini Pandit, I.A.S., Commissioner- cum-Secretary to Govt. of
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.769 of 2023
[CNR No.- ODHC010086062023]
Dr. Bana Bihari Das Mohapatra
…. Petitioner
Mr. Mohit Mohanty, Advocate,
on behalf of Mr. Nirmal Chandra Mohanty, Advocate
-versus-
Shalini Pandit, I.A.S., Commissioner-
cum-Secretary to Govt. of Orissa,
Department of Health & Family Welfare,
Bhubaneswar
….
Opposite Party
Mr. Bibekananda Nayak,
Additional Government Advocate
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
03. 21.08.2026
(Through hybrid Mode)
1. This CONTC has been filed alleging non-compliance of order dated 27.03.2017 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 300(C) of 2017, wherein the Tribunal had disposed of the O.A. without going into the merits of the case directing the Principle Secretary, Health & Family Welfare, Government of Odisha to consider the representations of the applicant dated 07.01.2017 and 23.01.2017 treating the paper book of the O.A. as part thereof and to dispose of the same within a period of two months from the date of receipt of copy of the order and communicated the decision to the applicant thereafter.
2. Mr. M. Mohanty, learned counsel appearing on behalf of Mr. N.C. Mohanty, learned counsel for the Petitioner submits that as the order dated 27.03.2017 had not been complied with, the Petitioner had filed CONTC No. 280(C) of 2018 before the Tribunal and after abolition of the Tribunal, the contempt petition was transferred to the High Court and numbered as CONTC (CPC) No.280 of 2018. It was disposed of on 30.03.2022, ignoring the objection of limitation by the learned counsel for the State and directing the incumbents to comply with the order of the Odisha Administrative Tribunal passed in O.A. No.300(C) of 2017 within three months provided there is no legal impediment from the higher forum against doing so. Liberty was also granted to the Petitioner to file application for fresh contempt.
3. Learned counsel for the Petitioner submits that since no order was communicated regarding disposal of the representation, the Petitioner has filed this CONTC.
4. On 20.04.2026 and 19.08.2026 the learned State Counsel has been directed to obtain instructions.
5. Today, when the matter is called, Mr. B. Nayak, learned Additional Government Advocate submits that order dated 27.03.2017 passed by the Hon’ble Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 300(C) of 2017 has been complied with inasmuch as on 26.05.2017 the representations of the Petitioner has been dismissed by the Commissioner-cum-Secretary to Government and copy forwarded to the Petitioner through his counsel.
6. He hands over a copy of the order dated 26.05.2017 to the learned counsel for the Petitioner as well as to the Court. The same is taken on record.
7. In view of the disposal of the representations of the Petitioner even though the order dated 27.03.2017 has not been communicated to the Petitioner, as there has been substantial compliance of the order passed by the learned Tribunal, the contempt proceeding is dropped.
8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge
RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-Aug-2026 19:45:45 Signature Not Verified