DEBENDRANATH BARIK Vs. MADHU SUDAN PADHI

JUDGEMENT

(1.) THE petitioner, who is working as a Laboratory Attendant in the Department of Chemistry in J.N. College, Kuanpal in the district of Cuttack, has filed this contempt application on the allegation that though this Court in its judgment dated 09.09.2008 passed in W.P.(C) No.10947 of 2008 directed compliance of the judgment passed by the State Education Tribunal on 3.7.2006 in G.I.A. Case No.87/2004, the same has not been complied with by the State Authorities, for which he has been deprived of getting his grant -in -aid dues, as has been directed by the Tribunal. The petitioner has stated that he is in need of a quite substantial amount of money for his medical treatment, as he is suffering from Hypo -Cellular and has filed the Bone -Marrow Aspiration Report in support of his illness. As the State Authorities did not comply with the order of the State Education Tribunal, the petitioner was forced to file the writ application, W.P.(C) No.10947/2008 on the ground that taking advantage of the flaw in the Orissa Education Act where there is no provision for execution of the order the Tribunal, the O.Ps. were not implementing the order passed by the Tribunal, even though the petitioner succeeded in the Tribunal in a case filed in the year 2004 and disposed of in the year 2006. In the writ application, a prayer was made to direct the O.P. -contemnors to implement the order of the Tribunal.

(2.) IN W.P.(C) No.10947/2008 on 22.8.2008 this Court passed the following orders : -

(3.) IN these backgrounds, the stage is now set for awarding punishment under the Contempt of Courts Act. Since the contemnors despite opportunity granted preferred not to file any show cause reply and not to appear in person after due service of notice and till date the order of this Court has not been complied with, the irresistible conclusion is that the said non -compliance is deliberate and intentional.