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Judgment
Hon’ble Mr. SudhiRanjan Mishra, J.M.
The applicant alleging non compliance of order dated 20.11.2025 passed in OA No. 535/2025 has filed this Contempt Petition praying as under:
a)To issue notice to the respondents/contemnors to show cause as to why proceeding under the contempt of court and rules shall not be initiated against them, and after hearing, appropriate order may be passed in accordance with law and as per the provisions of the administrative tribunal Act for the willful and deliberate violation of the order of the tribunal dated 20.11.2025 in OA No. 535/2025.
b)Any such direction/order as the tribunal may deem fit and proper in the interest of justice.
This Tribunal vide order dated 20.11.2025 in OA No.535/2025 had passed the following orders:
3.He assailed/challenged his order of transfer dated 20.12.2024 in OA No. 770/2024 before this Bench and this Bench while giving opportunity to the respondents to file their reply by way of ad interim order stayed the order of transfer. On 04.01.2025, applicant submitted his joining report along with fitness certificate. The OA No. 770/2024 was dismissed by this Bench on 10.07.2025 and the said order was upheld by the Hon’ble High Court of Orissa vide order dated 28.07.2025 in W.P(C) No. 20558/2025. Thereafter, applicant filed SLP(C) No. 26480/2025 before the Hon’ble Apex Court. The Hon’ble Apex Court vide order dated 22.09.2025 dismissed the SLP with observation as under:
"2.However, as a plea has been raised that the petitioner has to attend the criminal case pending at Bhubaneswar, Odisha and is also suffering from serious health issues, it shall be open to the petitioner to make a representation to the Competent Authority(ies) to transfer him to a place where it is convenient for him, both to attend the criminal proceedings, which according to his, is mandatory, as it is one of the conditions on which he has been enlarged on bail, and also to access necessary medical facilities.
3.If such representation is filed, we are confident that the concerned Authority(ies) will consider it on its own merits and in accordance with law, without being prejudiced by the present order. 4. Pending application(s), if any, shall stand disposed of." XXXXXX
10.After giving due consideration to the facts noted above, we are of the considered view that the entire case of the applicant now revolves around the order of the Hon'ble Apex Court. Since, the applicant submitted the representations to the Sr. DPO and DRM of the E.Co.Rly, KUR, who are above in hierarchy to Asst. Divisional Engineer, E.Co.Rly., Anugul and Sr. Divisional Engineer (Co-ord.) insofar as Railway administration is concerned, it was the obligatory duty on their part to take a decision relating to the transfer and posting of the applicant in compliance of the order of the Hon'ble Supreme Court instead of insisting him to join at his transferred post at the first instance.
11.In the aforesaid peculiar facts and circumstances of the matter, instead of keeping this matter pending, this OA is disposed of at this admission stage with direction to the Sr. DPO and DRM of the E.Co.Rly, KUR to consider and dispose of the representations of the applicant relating to his transfer and posting keeping in mind the decision of the Hon'ble Apex Court, quoted above, and, thereafter, to decide the period from the date of revocation of suspension (24.12.2024) till his joining as a result of consideration of his representation as directed above and intimate the result thereof to him within a period of 30 days from the date of receipt of a copy of this order. Parties to bear their own costs.
It is the stand of the ld. Counsel for the applicant that as per direction of the Tribunal, the office of the Divisional Railway Manager (P), Khurda Road issued fresh speaking order dated 16.12.2025 wherein the applicant was advised to report for duty at SSE (P-Way)/TLHR (MCL Siding) immediately and then to submit his representation with multiple options except Bhadrak for the transfer in Khorda Road Division. It is submitted that applicant joined and reported for duty on 19.12.2025 and was forwarded to Railway Medical Board. It is submitted that applicant submitted representation for transfer to his convenience place in accordance with law as directed by the Hon’ble Supreme Court but railway authorities are flouting the same and asking for multiple options for transfer. It is submitted that accordingly applicant submitted two options one to Bhadrak and another to Jajpur Keonjhar Road which are convenient places to attend the court hearing as well to take care of his paralytic 75 years old mother. It is submitted that the railway authorities have also not issued an order regarding the treatment of time period as per railway rules. It is submitted that applicant again submitted representation dated 08.01.2026 but the railway authorities are again asking for multiple options. Thereafter the applicant submitted a representation dated 27.01.2026 which is still pending.
The respondents in their show cause dated 13.07.2026 have stated that speaking order dated 16.12.2025 was issued advising the applicant to report for duty at the office of the SSE/PW/TLHR (MCL Siding) and to submit representation with multiple options except Bhadrak for transfer in Khurda Road Division or any other grievance in obedience to the Hon'ble Apex Court as well of this Tribunal. It is submitted that applicant reported for duty on 19.12.2024 and submitted request for transfer dated 30.12.2025 to posting at Bhadrak or Jajpur and to retain Railway Quarters at Bhadrak. It is submitted that applicant was advised to resubmit his option request for transfer vide letter dated 21.01.2026 with multiple options except Bhadrak. It is submitted that vide letter dated 14.05.2026 the applicant was advised to apply for retention of quarter as per extant rules, such as on educational, medical or any other valid grounds along with proper documentary proof. It is submitted that representation dated 27.01.2026 regarding request for transfer to Bhadrak and Jajpur Keonjhar Road was disposed of vide letter dated 25.06.2026 as there are no vacant posts of Office Superintendent available under the jurisdiction of SSE/PWay/JJKR or ADEN/JJKR. It was advised to resubmit request for transfer with clear and multiple options except Bhadrak & Jajpur KeonjharRaod as currently no vacancy available at Jajpur Keonjhar Road and in line with conditions/instruction of CBI, Bhubaneswar.
Hon'ble Supreme Court while dismissing the SLP filed by the applicant had observed that if representation is filed by the applicant then the concerned authorities will consider it on its own merit and in accordance with law, without being prejudiced by the order. This Tribunal while disposing of the OA No. 535/2025 had also directed the respondents to dispose of the representation of the applicant keeping in mind the decision of Hon'ble Apex Court and to decide the period from the date of revocation of suspension till his joining. The respondents have considered his representation and passed speaking order rejecting his request of options of posting as per rules and merit. Regarding treatment of suspension period since disciplinary proceeding is pending the same shall be decided by the Disciplinary Authority after its completion.
Therefore we do not find any illegality on the part of the respondents while deciding the representations of the applicant warranting initiation of contempt proceeding against them.
Accordingly the CP is dropped. Notices issued are discharged.