Orissa High Court
CONTC/2713/2026 of PANCHANAN DALAI Vs SANJEEB KUMAR MISHRA,IAS, PRINCIPAL SECRETARY FINANCE DEPTT. on 2 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.2713 of 2026 Panchanan Dalai & Others …. Petitioners Mr. A . Tripathy, Advocate -Versus- Mr. Sanjeeb Kumar Mishra, IAS, Principal Secretary to Govt. of Odisha & Another …. Opp. Parties Mr. S.K. Jee, AGA CORAM: JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.2713 of 2026
Panchanan Dalai & Others
….
Petitioners
Mr. A. Tripathy, Advocate
-Versus-
Mr. Sanjeeb Kumar Mishra, IAS,
Principal Secretary to Govt. of
Odisha & Another
….
Opp. Parties
Mr. S.K. Jee, AGA
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
01.
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ORDER
02.07.2026 The complaint alleges violation of Co-ordinate Bench judgment dated 08.07.2025 entered in States’ Writ Appeal No.2629 of 2024. The operative portion of the order is texted as under: “4.3. Above apart, where the State policy provides for certain rights regardless of statutory support, the violation of such a policy gives a choate cause of action. The State itself having promulgated such a policy holding it to the public at large, cannot mindlessly invoke the ratio in Umadevi supra as priest would chant mantra. The very existence of such policy takes the case of respondents away from the precincts of said decision. It need not be stated that a small difference in fact matrix of a case may render a decision inapplicable. In the above circumstances, appeal being devoid of merits is liable to the rejected and accordingly it is, costs having been made easy.”
2. Learned AGA-Mr. Jee appearing for the OPs submits that regardless of what has happened in the Apex Court in SLP(C) No.71351 of 2025 disposed off on 18.07.2025, the judgment in question would be implemented in letter and spirit within an outer limit of eight weeks. When we had put this proposal to the learned counsel appearing for the complainants, he very fairly agrees with the same graciously. In the above circumstances, these proceedings are dropped recording the undertaking given by the Contemnors through their counsel, as above with liberty to the complainants to seek revival of the complaint for aggravated contempt, if undertaking is not adhered to. In addition, if the undertaking is not complied with, the concerned Contemnor shall pay a cost of Rs.5,000/-(Five Thousand) only to the complainants per day from their own pocket for the first ten days and Rs.10,000/-(Ten Thousand) only for the days next following.
Web copy of this order to be acted upon by all concerned.
(Krishna S. Dixit) Judge
(Mruganka Sekhar Sahoo) Judge
Madhusmita
Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 15:30:57 Signature Not Verified