CUTTACK: Retirement from office will not protect an official from contempt proceedings for wilful disobedience of a court order, the Orissa High Court has ruled and directed former Odisha DGP Yogesh Bahadur Khurania to face proceedings over non-compliance with an order concerning reinstatement of a police sub-inspector (SI).
The single judge bench of Justice Sanjay Kumar Mishra, while hearing the SI Sagarika Parida’s contempt petition on August 24, issued a show-cause notice to Khurania, asking why he should not be tried and punished under Section 12 of the Contempt of Courts Act, 1971. Khurania has superannuated on August 16.
The court also made it clear that pendency of a special leave petition (SLP) before the Supreme Court cannot stall contempt proceedings in the absence of an interim stay.
Parida, appointed as a SI in 2017, was discharged from service on November 12, 2020, for allegedly suppressing information about criminal cases during pre-appointment verification. However, the high court had quashed the discharge order in September 2025 after finding that the three cases cited by the state had already ended in her acquittal.
The order directing her reinstatement with consequential benefits was subsequently upheld by a division bench on June 22, 2026. The court had also directed that the period of her discharge be treated as “on duty” and the financial benefits calculated and released. When the state failed to comply, Parida filed the contempt petition on January 12, this year, naming Khurania as the sole contemnor.
On August 24, instead of filing the promised compliance affidavit, the state produced instructions indicating that an SLP had been filed in the Supreme Court against the June 22 judgment and sought a halt to the contempt proceedings.
Rejecting the plea, Justice Mishra observed, “Pendency of the proceeding before the Supreme Court, in absence of any interim order of stay, cannot be a ground to stall a contempt proceeding.”
The court also held that Khurania had repeatedly sought time for compliance through undertakings and affidavits rather than clearly stating that the state intended to challenge the original order. “Even if the contemnor has been superannuated in the meantime, still the contempt proceeding would lie against him,” Justice Mishra ruled.
Finding a prima facie case of wilful flouting of its order, the court directed the IG (personnel) to serve the show-cause notice on Khurania and report compliance within seven days.
The present DGP (in-charge) and IG (personnel) have also been directed to remain present before the court on September 28, the next date of hearing, at 10.30 am.
