Harmohan Rout Vs. Karunakar Sahu, Headmaster-cum-secretary of Panchayat High School

Harmohan Rout vs Karunakar Sahu, Headmaster-cum-secretary of Panchayat High School

Type Court Judgment Court Orissa Decided Apr 09, 1996

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Citation: sooperkanoon.com/532717
Court: Orissa High Court
Judge: S. Chatterji, Acting C.J. and ;S.C. Datta, J.
Decided On: Apr 09, 1996
Case Number: Original Criminal Misc. Case No. 444 of 1995
Subject: Contempt of Court

Case Summary

AI-generated summary - not the official court judgment text.

- LABOUR & SERVICES Pay Scale:[Tarun Chatterjee & R.M. Lodha,JJ] Fixation - Orissa Service Code (1939), Rule 74(b) Promotion - Government servant, by virtue of Rule 74(b), gets higher pay than what he was getting immediately before his promotion - Circular Dated 19.3.1983 modifying earlier Circular Dated 18.6.198...

Key legal issue: Contempt of Court

Parties & Advocates

Appellant / Petitioner

Harmohan Rout

Advocate J.K. Rath, Adv.

Respondent

Karunakar Sahu, Headmaster-cum-secretary of Panchayat High School

Advocate B.H. Patnaik-2, Adv.

Legal References

Reported In: 1996(I)OLR516

Excerpt

- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. - teachers of this country are well respected.s. chatterji, a.c.j. 1. this case appears to be a story of pride and prejudice. teachers of this country are well respected. this bench has respect for all the teaching community as a whole. but the people must understand and appreciate that law is above all and it has to be respected. in the present case, there was an order of transfer of the petitioner, who is an assistant teacher of panchayat high school, rekhideipur. the said order of transfer was stayed by this court. however, the headmaster of the school took exception and in spite of the order of this court staying the order of transfer of the petitioner, he was not permitted to join the school. the allegation is that in spite of the order being communicated, the headmaster did not permit the petitioner to join the school. it is also alleged that in spite of the communication of the order by the directorary second, education, orissa, and the inspector of schools concerned, the headmaster remained adamant not to comply with the court's order. 2. appreciating the allegations, this court initiated this contempt proceeding and pursuant to the notice, the contemner-head-master is personally present in court. it appears that he has now appreciated the wrong he has committed. he appears to be repentant and he tenders unqualified apology. we accept the same and drop this proceeding with the reprimand as he deserves. the notice be discharged. s.c. datta, j.i agree.

Full Judgment

S. Chatterji, A.C.J.

1. This case appears to be a story of pride and prejudice. Teachers of this country are well respected. This Bench has respect for all the teaching community as a whole. But the people must understand and appreciate that law is above all and it has to be respected. In the present case, there was an order of transfer of the petitioner, who is an Assistant Teacher of Panchayat High School, Rekhideipur. The said order of transfer was stayed by this Court. However, the Headmaster of the school took exception and in spite of the order of this Court staying the order of transfer of the petitioner, he was not permitted to join the school. The allegation is that in spite of the order being communicated, the Headmaster did not permit the petitioner to join the school. It is also alleged that in spite of the communication of the order by the Directorary Second, Education, Orissa, and the Inspector of Schools concerned, the Headmaster remained adamant not to comply with the Court's order.

2. Appreciating the allegations, this Court initiated this contempt proceeding and pursuant to the notice, the contemner-Head-master is personally present in Court. It appears that he has now appreciated the wrong he has committed. He appears to be repentant and he tenders unqualified apology. We accept the same and drop this proceeding with the reprimand as he deserves. The notice be discharged.

S.C. Datta, J.

I agree.

Same Court & Year Orissa · 1996 Same Parties Harmohan Rout vs Karunakar Sahu, Headmaster-cum-secretary of ... Same Subject Contempt of Court Same Judge S. Chatterji, Acting C.J. and ;S.C. Datta, J.

Contempt of Court