CUTTACK: The Orissa High Court recently awarded Rs 5 lakh as compensation to an ‘aggrieved citizen’, for the state’s failure to implement a Tribunal order directing his appointment as a driver under Sambalpur district administration..
A two-judge bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash, issued the order while partly allowing a petition filed by Sudhansu Nanda in 2018 assailing the State Administrative Tribunal’s decision dated November 22, 2017, by which contempt proceedings initiated in 2003 were dropped.
The contempt case arose from non-implementation of the Tribunal’s order dated September 5, 2002, which had allowed Nanda’s petition. The Tribunal had directed authorities to adjust the applicant against any available or anticipated general-category vacancy. In 2017, the contempt petition was dropped and future consideration was left open.
The state argued that the 2002 order was merely recommendatory and contained no enforceable mandate. Rejecting this contention, the bench observed, “We fail to understand as to how the Tribunal could have dismissed the contempt plea, and thereby dropped the contempt proceeding, when the order dated 05.09.2002 was not complied with in letter & spirit.”
The bench noted that Nanda had been selected as a driver in 1999 and even issued an appointment letter, but was never allowed to join, forcing him to approach the Tribunal. Despite initiation of contempt proceedings in 2003, the Tribunal took over 14 years to dispose of the matter.
Holding that Nanda’s right to appointment had crystallised and that denial caused “injuria (wrong) coupled with damage”, the bench ruled that when primary relief becomes impracticable, courts must grant secondary relief. Accordingly, it directed payment of Rs 5 lakh within six weeks, failing which a penalty of Rs 500 per day would accrue, recoverable personally from erring officials.
The bench further made strong observations on the drafting and enforcement of judicial orders, and cautioned that vague drafting defeats justice and undermines the rule of law.