Cuttack: In a landmark observation, the Odisha high court clarified that a government official cannot escape contempt proceedings merely because they have retired from service.
The judgment came while hearing a contempt petition against former Odisha Director General of Police (DGP) Y.B. Khurania (1990 batch) over alleged non-compliance with a court order regarding the reinstatement of a police Sub-Inspector.
Former Odisha DGP Case: What Did The Orissa High Court Rule
The Orissa High Court held that retirement from public service does not provide immunity from contempt proceedings arising out of willful disobedience of court orders.
Justice Sanjay Kumar Mishra observed that even if an official has superannuated, contempt proceedings can continue if there is a prima facie case of deliberate non-compliance with judicial directions.
Show-Cause Notice To Former DGP
The court issued a show-cause notice to former Odisha DGP Y.B. Khurania. He was directed to explain why action should not be taken against him under the Contempt of Courts Act, 1971, for allegedly failing to comply with an earlier court order.
Background Of The Case
Who Is Sagarika Parida
Sagarika Parida was appointed as a Police Sub-Inspector in Odisha in 2017. In November 2020, she was discharged from service over allegations that she had concealed information related to criminal cases during the verification process.
Former Odisha DGP Y.B. Khurania Non Compliance Case: High Court Ordered Reinstatement
In September 2025, the Orissa High Court quashed her discharge order. The court noted that the criminal cases cited by the government had already ended in her acquittal. It subsequently directed her reinstatement with all consequential service and financial benefits.
Division Bench Upheld The Order
The reinstatement order was later upheld by a Division Bench of the High Court on June 22, 2026. The court also directed that the period during which Parida remained out of service should be treated as “on duty” for service and financial benefits.
Why Did The Contempt Petition Arise
Despite the court’s directions, the state government allegedly failed to implement the reinstatement order. As a result, Sagarika Parida filed a contempt petition, naming then-DGP Y.B. Khurania as the sole contender for non-compliance.
Former Odisha DGP Y.B. Khurania Non Compliance Case: State Government’s Argument
The state government informed the court that it had filed a Special Leave Petition (SLP) before the Supreme Court challenging the High Court judgment. Based on the pending SLP, the government sought suspension of the contempt proceedings.
Court Rejects SLP Argument
The Orissa High Court rejected the state’s plea. Justice Mishra clarified that the mere filing of an SLP does not automatically stop contempt proceedings unless the Supreme Court has granted an interim stay on the original order.
Key Legal Observation
The court emphasized that judicial orders remain binding until stayed or overturned by a higher court. Therefore, authorities must comply with existing orders regardless of any pending appeal.
Former Odisha DGP Y.B. Khurania Non Compliance Case: Directions Issued By The Court
The court directed the Inspector General (Personnel) to serve the show-cause notice on the retired DGP within seven days. It also ordered the present DGP (In-Charge) and the IG (Personnel) to remain present before the court on the next date of hearing if compliance is not ensured.
Read also: Orissa HC Initiates Contempt Proceedings Against Former DGP Y.B. Khurania Over 2025 Order
FAQs
He was issued a show-cause notice over alleged non-compliance with a High Court order directing the reinstatement of Police SI Sagarika Parida.
The Orissa High Court ruled that retirement does not provide immunity from contempt proceedings if an official has allegedly disobeyed a court order.
No. The Orissa High Court clarified that contempt proceedings can continue unless the Supreme Court grants an interim stay on the original order.
