STATE OF ORISSA Vs. SANGRAM KESHARI MISRA

JUDGEMENT

(1.) In the year 2002 the first respondent, an officer belonging to IAS cadre, was working as a Special Secretary, Planning and Coordination Department, Government of Orissa. The State Government issued a charge memorandum dated 29.4.2002 charging him as follows:

(2.) The first respondent challenged the said charge memorandum in Original Application No. 336/2002 on the file of the Central Administrative Tribunal, Cuttack. The Tribunal issued notice regarding admission on 21.5.2002 but did not grant interim relief sought for. The first respondent filed a writ petition in the High Court of Orissa on 7.6.2002 (OJC No. 6001/2002) for declaring the charge memorandum dated 29.4.2002 to be void and for an interim direction not to proceed in pursuance of the said charge memorandum, pending disposal of his application before the Tribunal and the writ petition before the High Court. On 12.6.2002 the High Court issued notice in regard to the said writ petition and stayed the enquiry in pursuance of the charge memorandum dated 29.4.2002. When the said interim stay was in operation, Government of Orissa issued a corrigendum dated 22.6.2002 to the charge memorandum dated 29.4.2002, amending the words "Misc. Case No. 238 of 2001 "wherever it appears by the words "Misc. Case No. 236 of 2001".

(3.) The first respondent initiated contempt proceedings (Contempt Petition No. 62/2002) alleging that issue of the corrigendum dated 22.6.2002 when there was interim stay of the enquiry in pursuance of the charge memorandum dated 29.4.2002 amounted to violation of the interim order and interference with the administration of justice.