Orissa High Court
CONTC/2731/2026 of DEBENDRA NATH MALIK Vs DR.N.THIRUMALA NAIK, I.A.S on 23 June 2026
HIGH COURT OF ORISSA AT CUTTACK CONTC No.2731 of 2026 Debendra Nath Malik …. Petitioner Mr. D.N. Rath. Advocate -versus- Dr. N. Thirumala Naik, IAS, Commissioner-Cum- Secretary to Government, School & Mass Education Department, Bhubaneswar & others …. Opp. Parties Mr. S.B.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.2731 of 2026
Debendra Nath Malik
….
Petitioner
Mr. D.N. Rath. Advocate
-versus-
Dr. N. Thirumala Naik, IAS,
Commissioner-Cum-
Secretary to Government,
School & Mass Education
Department, Bhubaneswar &
others
….
Opp. Parties
Mr. S.B. Mohanty, AGA
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
23.06.2026
02. This Contempt Petition alleges non-compliance of order dated 25.02.2026 entered in W.A. No.1825 of 2024. The operative portion of the order reads as under:- “In the above circumstances, this Appeal being devoid of merits is liable to be dismissed and accordingly it is, with an exemplary cost of Rs.50,000/- (rupees fifty thousand) only. However, this cost becomes payable by the Appellant-State, if impugned order of the learned Single Judge is not implemented within an outer limit of eight (8) weeks. Even otherwise, time for compliance is eight (8) weeks only, failing which the Appellants run the risk of contempt proceedings.”
2. This Court vide order dated 07.05.2026 had issued emergent Police Notice with Caution Notice, which reads as under:- “Issue emergent Police Notice by speed post to the Contemnors, returnable within 10 days, steps for which shall be taken by the Petitioner within a week. Jurisdictional Superintendent of Police shall scrupulously serve or cause to be served the Court process and file compliance report through official e-mail to the Registrar General of this Court well in advance, failing which action follows. Call this matter on 23.06.2026 Caution Notice:- Non-compliance of Court’s order is a punishable offence under the provision of Sections 11 & 12 of the Contempt of Courts Act, 1971 and also under Article 215 of the Constitution of India. Imprisonment is also permissible. Personal appearance of the Parties may also be directed.”
3. After service of notice, the Contemnors having put in appearance through the learned AGA, though initially resisted the Contempt Petition, now submit that order in question shall be complied with in letter and spirit within an outer limit of two weeks only. This submission made by Mr. Mohanty, learned AGA consciously, is placed on record.
4. We also note the submission of the learned counsel appearing for the Complainant that the Contemnors have not paid the exemplary cost of Rs.50,000/- that became payable on account of non-implementation of the order in question. Even this needs to be complied with by them. In the above circumstances, this proceeding is dropped with liberty to the complainant to seek its revival for aggravated contempt, in the event compliance as undertaken is not done and report is not filed in the office of the Registrar General of this Court within one week next following.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash)
Judge
Bijay/Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Jun-2026 17:59:45 Signature Not Verified