BIJOY KISHORE MOHANTY vs. PRINCIPAL CHIEF COMMNR. OF INCOME TAX, ODISHA.

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ITA/30/2021HC OrissaODHC01075241202108 March 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK2 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the interim order was modified by the final judgment. Therefore, the issue of disobedience of the interim order became redundant and did not arise.

What were the facts?

The petitioner filed a contempt petition alleging disobedience of an interim order. The interim order had stayed the petitioner's reversion. However, a subsequent final judgment modified the interim order.

What were the issues?

Whether the contempt petition is maintainable when the interim order, which was allegedly disobeyed, has been modified by a subsequent final judgment.

AI-generated summary — verify with the full judgment below

[2026:RJ-JP:7541-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 30/2021 In D.B. Civil Writ Petition No. 7364/2020 Rajesh Kumar S/o Thandu Ram, R/o Flat No. 702, Star Hitawala Complex, Pulia Bridge, Udaipur (Rajasthan) Permanent R/o Near Post Office Tosham, District Bhiwani (Haryana) Presently Posted As Joint Commissioner, Income Tax, (Senior Department Representative, Itat) Jodhpur. ----Petitioner Versus 1. Mr. Ajay Bhushan Pandey, Secretary Department of Revenue, Central Board of Direct Tax, North Block, New Delhi-110001 2. Mr. Pramod Chandra Moday, Chairman CBDT, North Block, New Delhi-110001 3. Mr. K.C. Paatra, Under Secretary, CBDT, Government of India, North Block, New Delhi-110001 4. Mr. Sumant Sinha, Principal Chief Commissioner Income Tax, Jaipur, Income Tax Department, Statue Circle, Jaipur (Rajasthan) 5. Union of India Through Principal Secretary Department of Revenue, Central Board of Direct Tax, North Block, New Delhi-110001 ----Respondents For Petitioner(s) : None Present For Respondent(s) : None Present HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2026 1. No one has put in appearance on behalf of parties. 2. We have gone through the record. 3. It appears that petitioner filed instant contempt petition alleging disobedience of interim order dated 23.07.2020 passed in D.B. Civil Writ Petition No.7364/2020.

[2026:RJ-JP:7541-DB] (2 of 2) [CCP-30/2021] 4. The impugned order dated 23.07.2020 reads as under:- “Let notice be issued to respondents for 21.10.2020. In the meanwhile, reservation of the petitioner shall remain stayed” 5. Along with reply filed by the respondent, final judgment/order dated 07.12.2020 passed in D.B. Civil Writ Petition No.7364/2020 has been placed on record. In the final judgment, following order has been passed:- “Accordingly, this writ petition is disposed of with a direction to the Tribunal to dispose of the Original Application filed by the petitioner expeditiously in accordance with law preferably within one month from today. In the meantime, in case, petitioner has not been already reverted, his reversion shall remain stayed, till the disposal of the Original Application by the Central Administrative Tribunal.” 6. In view of final judgment/order dated 07.12.2020, the interim stay order dated 23.07.2020 has been modified and there is no absolute stay order in respect of non-reversion of petitioner, hence, the issue of disobedience of interim order dated 23.07.2020 has become redundant and does not arise. 7. In such view, present contempt petition stands disposed of. 8. Notices of contempt stand discharged. (ANIL KUMAR UPMAN),J (SUDESH BANSAL),J LALIT MOHAN /6

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