Orissa High Court Initiates Contempt Against Former DGP
The Orissa High Court, on 24 August 2026, issued a contempt notice to Mr. Yogesh Bahadur Khurania, the former Director General of Police (DGP), for persistent failure to comply with a court order mandating the reinstatement of a female Sub-Inspector (SI). Justice Sanjay Kumar Mishra, presiding over a Single Bench, observed that an individual's retirement does not constitute a valid basis to terminate contempt proceedings initiated for non-compliance with judicial directives.
Background of the Reinstatement Order
The contempt petition was filed by Ms. Sagarika Parida, the aggrieved Sub-Inspector. Ms. Parida had been discharged from service by an order dated 12 November 2020, issued by the Deputy Commissioner of Police (Headquarters) under Police Manual Rule-673. The discharge stemmed from an alleged suppression of criminal antecedents in her Verification Roll, where she had stated she was never an accused in any criminal case. Authorities subsequently discovered three criminal cases registered against her. While one case resulted in an acquittal on 4 August 2017, the Verification Roll was furnished on 21 August 2017. Other cases, registered under various sections of the Indian Penal Code, were reportedly disposed of at a National Lok Adalat or due to insufficient evidence.
Ms. Parida challenged her discharge through a writ petition before the High Court. On 25 September 2025, the Single Bench allowed her petition, directing the Opposite Party No. 3 to reinstate her with all consequential service and financial benefits. The Court further mandated that the period of her discharge be treated as 'On Duty' and that all financial benefits accrued during this period be calculated and disbursed within two months.
State's Non-Compliance and Subsequent Appeals
The authorities failed to implement the High Court's reinstatement order within the stipulated timeframe, prompting Ms. Parida to file the present contempt petition. During the initial contempt hearing, the authorities informed the Court about a pending writ appeal against the Single Judge's decision. Despite the absence of an interim stay order from the Division Bench, the High Court granted time, awaiting the outcome of the writ appeal.
The Division Bench subsequently disposed of the writ appeal, titled State of Odisha & Ors. v. Sagarika Parida & Anr., on 22 June 2026, affirming the Single Judge's order. The Division Bench's judgment noted that if Ms. Parida was unaware of the criminal cases against her, such a negative disclosure should not lead to severe penal consequences like termination. The Court referenced a report from the Additional DCP, Crime, Commissionerate Headquarters, Bhubaneswar, dated 22 February 2019, which corroborated Ms. Parida's assertion that she was unaware of the cases and their disposal. The Division Bench concluded that the information furnished by Ms. Parida could not be deemed false.
Court Expresses Strong Displeasure Over State's Conduct
Following the dismissal of the writ appeal, the contempt hearing was scheduled for 3 July 2026, during which the State Counsel undertook to file a compliance affidavit. An affidavit dated 29 July 2026 was then submitted, informing the Court that the matter was under the active consideration of the Law Department and requesting an additional two months for the contemnor, Mr. Khurania, to take appropriate legal steps for compliance. However, when the case was heard on 24 August 2026, the Additional Government Advocate presented an instruction from the Inspector General of Police (Personnel), stating that a Special Leave Petition (SLP) had been filed before the Supreme Court against the Division Bench's order. The Court was then requested to halt the contempt proceedings, citing the pendency of the SLP before the Apex Court.
Justice Mishra expressed severe exception to this response. The Court highlighted that the State Counsel had previously undertaken to file a compliance affidavit. The bench observed that the State had ample opportunity to inform the Court about its intention to file an SLP, particularly when time was initially granted for the writ appeal to be decided. The High Court noted that the State's actions amounted to misleading the Court by suppressing its intention to prefer an appeal before the Supreme Court, thereby attempting to frustrate the Court's order. Consequently, the Orissa High Court issued a contempt notice to the former DGP, Mr. Yogesh Bahadur Khurania, for his role in the non-compliance.